LAST UPDATED MAY 25, 2018
Table of Contents
LEGACY LEARNING SOLUTIONS has the right to modify these Terms at any time. The “Last Revised” date will indicate the date of the latest revisions made to these Terms. Should you continue to utilize the Services after these Terms have been modified, you are accepting and agreeing to all modifications.
The Services are for your personal, non-commercial, educational purposes only. Except as may be expressly permitted by the Terms, you may not sell or trade any content you duplicated or derive from the Services. As long as you obey these Terms, LEGACY LEARNING SOLUTIONS allows you a personal, non-exclusive, non-transferable, limited right during the term of these Terms to enter, use, perform, and display the Services and everyone on it. You also agree not to disturb or attempt to disturb the operation of the Services in any way or method.
2.1. Creation of your Account
Access and use of certain functions and/or benefits of the Services are available to the user only after the creation of an account with LEGACY LEARNING SOLUTIONS (the “Account”). If you do not have an Account with LEGACY LEARNING SOLUTIONS, you can go here to request more information.
To generate an Account, you must have an e-mail address and supply honest and correct information. You must be approved to use the Services for which you register. Specific Services may require the creation of a “User name”. User names are connected to your Account. You may not use a User name if: (1)it is already in use by someone else, (2) it does not meet the requirements of these Terms, (3) it does not meet the ethical rules which apply on the Internet, (4) it is insulting, vulgar, obscene, defamatory or in any other way in violation of the rights of others. You agree that you will not create multiple Accounts. Should you create multiple accounts, you agree to immediately close said additional Account upon LEGACY LEARNING SOLUTIONS’ request. You approve your User name being publicly displayed during your use of the Services. At its sole discretion, LEGACY LEARNING SOLUTIONS reserves the right to refuse registration of, or cancel a username.
You are exclusively liable for maintaining the confidentiality and safety of your Account and any user identifications, passwords, authentication codes or other security devices or procedures (collectively “Password”). Do not disclose your Account Password to any external parties. LEGACY LEARNING SOLUTIONS is not responsible for any losses resulting from the unauthorized use of your Account. LEGACY LEARNING SOLUTIONS will never ask you to disclose your Password. We have the right to interrupt your access to the Services and change (or require you to change) your Password at any time. Any use of your Account with your Password, specifically any trainings viewed or test completed, are deemed to be initiated and completed by you.
2.2. Accuracy and Use of your Account Data
You agree to provide accurate and complete personal information.
You shall not claim to be any other person or entity and shall not represent your identity or an affiliation with any other person or entity in an untruthful manner, including by using the user name, Password or any other information relating to another person’s Account.
You recognize and accept that LEGACY LEARNING SOLUTIONS may check the accuracy of the information you provide, including by contacting your employer and verifying information.
If you provide any information that is false or incomplete, or LEGACY LEARNING SOLUTIONS suspects that such information is false or incomplete, LEGACY LEARNING SOLUTIONS reserves the right to disrupt or inactivate your Account and ban you from any and all current or future use of the Services (or any portion thereof).
You also agree to immediately disclose any unauthorized use of your Account, Password, or other information regarding your Account or of any other security violation regarding the Services to LEGACY LEARNING SOLUTIONS at email@example.com.
3.1. Utilization of Services
The Services are intended for your personal use only and you shall not in any case use them in any way for commercial purposes. You agree not to sell, rent out or market the Service or Materials. You also agree not to modify, decompile, translate, adapt, reproduce, distribute, disseminate or transfer any information, any software, any product and in general any part of the Services or Content except as expressly permitted by the Terms. Re-posting or automated use or large-volume use of the Services or Content or transfer of any Services or Content to any other person, computer, or mobile device are expressly forbidden except as expressly permitted by the Terms. For the purpose of these Terms, Content shall include all text, graphics, music or sounds, all messages or items of information, names, themes, objects, effects, dialogues, slogans, places, characters, diagrams, concepts, videos, audio-visual effects, domain names and any other elements which are part of the Services, independently or in combination, together with all related Intellectual Property Rights in the above, (collectively, the “Content”).
You agree to obey at all times during use of the Services (i) with the national and international laws and regulations in force and (ii) with these Terms. YOU GUARANTEE THAT YOU WILL NOT USE THE SERVICES FOR UNLAWFUL OR IMMORAL PURPOSES OR FOR PURPOSES IN CONFLICT WITH THE USE OF THE SERVICES.
LEGACY LEARNING SOLUTIONS does not provide a computer or any other hardware, equipment or service necessary for use of the Services. You must have your own means of telecommunication and Internet access.
3.2. Rules of Behavior
You consent to use the Services only for lawful purposes, and that you are solely liable for your use of and communications on the Services. More specifically, you agree not to directly or indirectly:
- use within the Services any content which would infringe on the intellectual and industrial property rights including patent, trademark or copyrights, right to privacy or publicity and/or image rights and/or any other rights of others;
- create, use, share and/or publish by any means in the Services any material (text, words, images, sounds, videos, etc.) or content which, in LEGACY LEARNING SOLUTIONS’ opinion, is unlawful, harmful, abusive, harassing, threatening, malicious, defamatory, libelous, untruthful, pornographic, pedophilic, obscene, vulgar, racist, xenophobic, liable to incite hatred, sexually explicit, violent, contrary to morality; encourages criminal conduct or would give rise to civil liability, or otherwise violates any applicable local, state, national, or international law or is in any other way unacceptable;
- create, use, share and/or publish by any means in the Services any material (text, words, images, sounds, videos, etc.) which would create a breach confidentiality or which would provoke the carrying out of an unlawful act;
- access or attempt to access elements or functions of the Services that LEGACY LEARNING SOLUTIONS has not authorized;
- access the Services by methods other than those made available by LEGACY LEARNING SOLUTIONS;
- link from another website to the Services lacking the prior written authorization of LEGACY LEARNING SOLUTIONS;
- modify, translate, adapt, reproduce, copy and/or extract any information, software, product or other element or portion of the Content by any means or method lacking LEGACY LEARNING SOLUTIONS’ express prior permission;
- block, distort, abnormally burden, modify, disrupt, slow down or hinder the functioning of all or a portion of the Services, or their accessibility to other Users, or the operation of the partner networks of the Services, or try to do any of the above;
- spread or circulate any virus, bomb, worm, Trojan, corrupted file and/or similar caustic device or corrupted data in the Services, and/or organize or be involved in any way in an attack on LEGACY LEARNING SOLUTIONS’ servers and/or the Services and/or those of its service providers and partners;
- “bot”, “hack”, or “crack”, or otherwise try to bypass any access control, copyright protection or license-enforcement apparatuses connected with or related to the Services;
- harass other Users of the Services, send Users unsolicited messages for commercial purposes, spam or any unsolicited advertising or promotional items, for commercial purposes or otherwise;
- use inaccurate information, use another User’s Account, assume another person’s identity or present untruthful information in order to mask the source of any content transferred through the Services;
- use any methods not expressly authorized by LEGACY LEARNING SOLUTIONS to collect or intercept data exchanged by other Users in the Services, or the names/screen names and/or passwords of any other User;
- try to acquire a password, information regarding an Account or other information of a confidential nature from any other User of the Services, and/or sell, rent out, share, lend and/or in any other way transmit to any external party your Account and/or the ability to access it and/or in any other way allow any external party to profit from your Account;
- use the help services inappropriately or send untruthful reports to members of LEGACY LEARNING SOLUTIONS;
- use, download, access from the Services or otherwise reproduce or provide to anyone any directory of Users of the Services or any other information regarding Users or use of the Services;
- decline to observe the instructions of any LEGACY LEARNING SOLUTIONS representative or any requirements, procedures, policies, or regulations of networks connected to the Services; and
- fraudulently represent yourself as any person or entity, including, but not limited to a representative of LEGACY LEARNING SOLUTIONS, or untruthfully state or otherwise misrepresent your association with a person or entity.
3.3. Observing of Services by LEGACY LEARNING SOLUTIONS
Opinions, advice and/or recommendations displayed or sent by Users on the Services are not supported, approved, or sanctioned by LEGACY LEARNING SOLUTIONS, nor is LEGACY LEARNING SOLUTIONS liable for said opinions, advice, or recommendations. LEGACY LEARNING SOLUTIONS declines any responsibility in this regard. You recognize that by utilizing the Services, you may be exposed to UGC as defined below that is objectionable, indecent or offensive. LEGACY LEARNING SOLUTIONS makes no warranties, express or implied, as to the UGC or the truthfulness and dependability of the UGC or any other content or data that you may encounter throughout the Services. You acknowledge that you must assess, and bear all risks connected to the use of any User Content including any trust on the truthfulness, completeness, or utility of such UGC. In this regard, you acknowledge that you may not depend on on any UGC.
You are solely liable for your communications with other Users of the Services. LEGACY LEARNING SOLUTIONS has the right, but has no compulsion, to monitor disagreements between you and other users of the Services. LEGACY LEARNING SOLUTIONS has the right to deactivate your access to the Services if LEGACY LEARNING SOLUTIONS decides, at its sole discretion, that doing so is prudent.
Other than when legal provisions apply, LEGACY LEARNING SOLUTIONS does not undertake to observe or eliminate the content, messages and other information offered on the Services by its Users. However, LEGACY LEARNING SOLUTIONS has the right, but no compulsion, to review content posted online, especially on the home pages or forums.
LEGACY LEARNING SOLUTIONS has the right to reject any screen name, user name, and/or password you have elected. LEGACY LEARNING SOLUTIONS also has the right to eliminate any content or UGC, from the Services at any time, without any warning and for any purpose, including but not limited to, content that encroach upon these Terms or is otherwise objectionable, in LEGACY LEARNING SOLUTIONS’ sole discretion.
LEGACY LEARNING SOLUTIONS has the right to outline further rules of behavior and to limit the use of the Services. LEGACY LEARNING SOLUTIONS may, for example, define:
- a maximum amount of days for which any downloaded Content will be saved within the Services;
- a maximum amount of messages which can be sent or received by an Account on the Services;
- a maximum memory capacity which will be assigned by LEGACY LEARNING SOLUTIONS’ servers for your Account; and
- a maximum number of times you may access the Services, together with a maximum length of time for each session during a specified period.
You acknowledge that all content on the Services, including the Services’ graphics, sounds, text, design, software, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”) are the property of LEGACY LEARNING SOLUTIONS, its parent company or its licensor’s, and are subject to and secured by United States and international copyright and other intellectual property laws and rights. You will not acquire any ownership interest in the Materials or the Services through these Terms or otherwise. All rights to Materials not expressly granted in these Terms are reserved to their copyright owners. Except as expressly permitted by these Terms or in the Services, you may not reproduce, distribute, download, republish, display, perform, post, copy, exploit, transmit, create derivative works or otherwise utilize any of the Materials in any form or by any means or method, without the prior written permission of LEGACY LEARNING SOLUTIONS or the respective copyright owner.
The trademarks, trade names, services marks, trade dress and logos (collectively, “Marks”) contained or described in the Services and any Marks related to any products obtainable on the Services are the sole property of LEGACY LEARNING SOLUTIONS and/or its licensor’s and may not be duplicated, imitated or otherwise utilized, in whole or in part, without the prior written permission of LEGACY LEARNING SOLUTIONS and/or its licensor’s. Additionally, all custom graphics, page headers, scripts and button icons are Marks of LEGACY LEARNING SOLUTIONS and may not be duplicated, imitated or otherwise utilized, in whole or in part, without the prior written permission of LEGACY LEARNING SOLUTIONS. LEGACY LEARNING SOLUTIONS will enforce its intellectual property rights to the fullest extent of the law.
LEGACY LEARNING SOLUTIONS makes no representations that the Services, Materials or products described or offered on the Services are appropriate or available for use in jurisdictions outside the United States, or that these Terms conform to the laws of any other country. Visitors who use the Services and live outside the United States do so at their own risk and are responsible for obedience of all laws, to the extent local laws are applicable. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not LEGACY LEARNING SOLUTIONS and its Affiliates, are liable for any non-compliance with applicable local laws.
You may provide comments, reviews, or other feedback on the Services. Any comments, reviews, or other feedback regarding the Services or the Materials on the Services (collectively, “Feedback”) provided to LEGACY LEARNING SOLUTIONS shall become the property of LEGACY LEARNING SOLUTIONS or its Licensor’s. LEGACY LEARNING SOLUTIONS is not obligated to treat any Feedback as private, and will not be liable for any ideas (including without limitation, product, application, site, Service or advertising ideas) and will not incur any liability resulting from any resemblances that may appear in the Services, or the Services workings, the content that is placed on the Services whether the changes are to related content that is placed on the Site or not in the future. Without limitation, LEGACY LEARNING SOLUTIONS will have sole ownership of all present and future existing rights to the Feedback of every type and nature everywhere and will be entitled to utilize the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person providing the Feedback. You understand that you are liable for whatever material you provide, and you, not LEGACY LEARNING SOLUTIONS, have full liability for the message, including its legality, dependability, and relevance, originality and copyright.
If you believe any content made available on the Services by users to not be in compliance with these Terms, you may report this to LEGACY LEARNING SOLUTIONS by emailing firstname.lastname@example.org.
After receiving a notification, LEGACY LEARNING SOLUTIONS has the right to act as it sees fit, entirely at its own prerogative.
You are informed that reporting content as being unlawful with the goal of ensuring its removal or instigating the removal of said content on the Services, when you are conscious that this information is incorrect, is punishable by law.
LEGACY LEARNING SOLUTIONS has the right to request that you to stop utilizing any content which it deems to be in violation of the provisions of the Terms and/or delete or deactivate the questionable content.
If LEGACY LEARNING SOLUTIONS eliminates or inactivates any content that you have posted which is deemed to be unlawful and/or in violation of these Terms, LEGACY LEARNING SOLUTIONS has the right to inactivate or eliminate your Account.
SPECIFIC LEGACY LEARNING SOLUTIONS SERVICES MAY BE GUARDED BY TECHNICAL PROTECTION MEASURES AND DIGITAL RIGHTS MANAGEMENT, SPECIFICALLY, BUT NOT LIMITED TO PHYSICAL PROTECTION, DIGITAL KEYS, WATERMARKING, AND ONLINE ACTIVATION.
AN INTERNET CONNECTION AND THE ACTIVATION OF A LEGACY LEARNING SOLUTIONS ACCOUNT ARE COMPULSOTY TO ACCESS SERVICES.
LEGACY LEARNING SOLUTIONS MAY CANCEL ACCESS TO ONE OR MORE ONLINE FUNCTIONS WITHOUT PRIOR NOTICE.
The Services may contain information groups, forums, or other types of online discussion areas (collectively known as “Forums”) which are not moderated or monitored.
When utilizing these Services, you should be conscious that your User name and your messages will be viewable by any Internet user who visits the Services. You send messages at your own risk. You have sole accountability for their publication and submission.
You commit to comply with all the rules of behavior specified in article 3 of these Terms, and furthermore not to:
- limit or preclude use of the Forum by any other User of the Services;
- post online or disclose by means of the Services any personal information regarding another User;
- post online or disclose inappropriate or disrespectful information that could be considered offensive by the Users of the Forum.
LEGACY LEARNING SOLUTIONS has the right to communicate with you to acquire further information on the messages you have posted, specifically to ensure that you are allowed to post said messages and/or that you are the owner of the elements (text, words, images, sounds, videos, etc.) which they contain.
In all cases, LEGACY LEARNING SOLUTIONS is not responsible to a User for and does not condone the views, guidance and/or recommendations posted or sent by Users on the Services, notably in any public forum, and declines any liability in this regard.
LEGACY LEARNING SOLUTIONS has the right, entirely at its own discretion, to highlight third party products and/or services by displaying advertising graphics, inserting promotional links, or any other marketing and advertising element, and may also conduct cross-marketing operations with any company of its choice.
Links and advertisements on the Services to third party websites and applications are made available solely as a convenience to you. Should you utilize these links, you will leave the Services. Your transactions with third parties through links to such third party websites or applications are entirely between you and such third parties. LEGACY LEARNING SOLUTIONS does not govern or condone any such third party websites. You acknowledge that LEGACY LEARNING SOLUTIONS will not be accountable or liable for any services, goods, or content, made available on or throughout these outside websites or applications or for your utilization or inability to utilize such websites or applications. You use these links at your own risk. You are warned that other websites on the Internet and mobile applications, including third party websites and applications linked from the Services, may have content or information that some people find offensive or inappropriate; or that is untrue, misleading; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. LEGACY LEARNING SOLUTIONS expressly disclaims any accountability for the content, lawfulness, decency or truthfulness of any information, and for any products and services, that appear on any third party website or application.
Without limiting the foregoing, your communications or business transactions with, or your taking part in promotions of or purchases from, advertisers or third party applications available on or through the use of the Services, including payment for and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such communications and transactions, are entirely between you and such advertiser or third party application provider. You agree that LEGACY LEARNING SOLUTIONS shall not be accountable or liable for any loss or damage of any sort suffered as the result of any such transactions or as the result of the advertising of such third party applications on the Services.
LEGACY LEARNING SOLUTIONS is not accountable for the third party products or services (including third party applications) sold on or through the Services or any claims of quality or performance made on or through the Services.
At its own discretion, LEGACY LEARNING SOLUTIONS may communicate with you to offer that you test, assess or make observations on current or future Services, in order to isolate bugs and errors in the programs and/or increase their functioning (“beta tests”).
Should you agree to test the Services, you will be required to sign a confidentiality agreement for each Service tested and return it to LEGACY LEARNING SOLUTIONS prior to the software being supplied to you. Your partaking in the beta test is contingent on your signing of said confidentiality agreement and the following terms. The compulsion of confidentiality remains effective until LEGACY LEARNING SOLUTIONS officially distributes the Services and/or Test Contents (as defined below) or discloses them in any other way to the public, without this being attributable to you.
Upon receiving the signed confidentiality agreement, LEGACY LEARNING SOLUTIONS may then make the beta version of Services and/or any other information associated with the Services available to you, and, if applicable, permissions to access LEGACY LEARNING SOLUTIONS’ websites (collectively known as the “Test Contents”) for the sole purpose of permitting you to test, assess or make observations on the Services.
You must test, assess or make observations on the Services personally and permit no other person or entity to the Test Contents. Beta test accounts are in no case transferable. LEGACY LEARNING SOLUTIONS may request that you inform us (and only LEGACY LEARNING SOLUTIONS) of your responses and recommendations following your experience of the elements, Content and/or Services in the beta test. All suggestions, comments, feedback, criticisms, ideas, and other data (collectively referred to as the “Comments”) submitted, disclosed or offered to LEGACY LEARNING SOLUTIONS in the course of the beta tests, or in the course of use of the Services, will be the exclusive property of LEGACY LEARNING SOLUTIONS. You therefore agree not to publish your Comments or make them available by any means or process to any outside party other than LEGACY LEARNING SOLUTIONS. You agree that, unless banned from doing so under the applicable laws, LEGACY LEARNING SOLUTIONS may promote, sell, and use the Comments in any way, without restriction and without reward to you.
You agree and accept that the Test Contents which are made available to you are extremely confidential and/or exclusive information belonging to LEGACY LEARNING SOLUTIONS.
You recognize that LEGACY LEARNING SOLUTIONS may guard certain Test Contents by including technical protection measures in them to circumvent any unlawful copying or changing of the Test Contents.
Beta versions of Services and more generally any Test Contents are made available to you “as is” and “according to availability” without any explicit or implicit guarantee of any kind. You evaluate a beta version at your own risk. You understand and accept that (i) the Services may contain known or unknown bugs and that (ii) the Services may be made available once the beta phase is complete or at any other subsequent time. You agree that LEGACY LEARNING SOLUTIONS is not obligated to permit you to utilize Services free of charge for any period, nor even to permit you to access these Services. You also accept that all your data may be eliminated and/or reset at any time. In this case, your progress and your data will be eliminated and you will have to start over.
You agree that abuse of your responsibilities under this Article would cause LEGACY LEARNING SOLUTIONS irreversible damage and that LEGACY LEARNING SOLUTIONS would be entitled to take any action to prevent any breach or risk of a breach of your responsibilities or to acquire recompense for the damage it has incurred, without prejudice to the right to inactivate your Account.
At any time when LEGACY LEARNING SOLUTIONS requests that you do so, you agree to immediately return all Test Contents you received from LEGACY LEARNING SOLUTIONS.
Nothing in these Terms may be construed as giving you any right or privilege in regards to the Test Contents. All of the Terms apply to the utilization of the Services during the beta test phase.
YOU EXPRESSLY ACCEPT THAT USE OF THE SERVICES IS AT YOUR OWN RISK.
THE SERVICES ARE MADE AVAILABLE ON AN “AS IS” OR “AS AVAILABLE” BASIS. LEGACY LEARNING SOLUTIONS, ITS PARENT, SUBSIDIARIES, OTHER AFFILIATED COMPANIES AND LEGACY LEARNING SOLUTIONS’S LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS,EMPLOYEES AND OTHER REPRESENTATIVES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND NON-INFRINGEMENT.
LEGACY LEARNING SOLUTIONS DOES NOT GUARANTEE AND MAKES NO COMMITMENT OR WARRANTY REGARDING THE USE OF THE SERVICES OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF RELIABILITY, CONFORMITY, ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY ETC. WITHIN THE LIMITS APPROVED BY LAW, LEGACY LEARNING SOLUTIONS DOES NOT OFFER ANY GUARANTEE REGARDING THE MARKET VALUE OF THE SERVICES, YOUR SATISFACTION OR THE SUITABILITY OF THE SERVICES FOR A PARTICULAR USE. IN ADDITION, LEGACY LEARNING SOLUTIONS OFFERS NO GUARANTEE THAT THE SERVICES WILL BE FREE OF INTERRUPTIONS OR ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS, SECURE, OR THAT ERRORS, BUGS, VIRUSES OR HARMFUL ELEMENTS WILL BE IMPROVED. LEGACY LEARNING SOLUTIONS MAKES NO GUARANTEE THAT THE INFORMATION, CONTENTS AND/OR ELEMENTS ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE OR UP-TO-DATE. SPECIFICALLY, LEGACY LEARNING SOLUTIONS DOES NOT COMPULSIVELY CHECK THE CONTENT OF ALL KINDS, NOTABLY THE UGC, OR THE WORDS THAT YOU OR OTHER USERS PUBLISH VIA THE SERVICES, OR YOUR ACTIONS WITHIN THE FRAMEWORK OF THE SERVICES. LEGACY LEARNING SOLUTIONS THEREFORE OFFERS NO GUARANTEE AND ACCEPTS NO ACCOUNTABILITY TO YOU REGARDING YOUR OWN ACTIONS AND/OR THE ACTIONS OF OTHER USERS OF THE SERVICES. LEGACY LEARNING SOLUTIONS MAY NOT BE HELD RESPONSIBLE FOR THE PRODUCTS OR SERVICES OF AN OUTSIDE COMPANY PURCHASED ON THROUGH THE SERVICES. LEGACY LEARNING SOLUTIONS DOES NOT OFFER ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING SUCH PRODUCTS OR SERVICES. ANY MATERIAL ACQUIRED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY LIABLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
YOU WILL BEAR ALL COSTS AND ALL RISKS CONNECTED TO THE USE OF THE SERVICES. ADDITIONALLY, YOU WILL BEAR THE WHOLE COST OF ANY REPAIR, MAINTENANCE, OR CORRECTION REQUIRED. YOU WILL BEAR ALL RISKS CONNECTED WITH TIME AND EFFORT LOST, LOSS OF DATA (PARTICULARLY ANY TRAINING DATA), ERRORS OR LOSS OF COMMERCIAL OR OTHER INFORMATION AS A RESULT OF THE USE OF THE SERVICES.
YOU WILL BEAR SOLE ACCOUNTABILITY FOR ANY DAMAGE CAUSED TO LEGACY LEARNING SOLUTIONS, ITS PARTNERS, OTHER USERS OF THE SERVICES OR ANY OTHER INDIVIDUAL OR LEGAL ENTITY AS A RESULT OF YOUR USE OF ALL OR PART OF THE SERVICES IN VIOLATION OF THE LAW OR OF YOUR COMPULSIONS AS SPECIFIED IN THESE TERMS.
LEGACY LEARNING SOLUTIONS MAY IN NO CASE BE HELD LIABLE FOR PAYMENT TO YOU OF ANY SUM OR ANY DAMAGES RESULTING YOUR BEING UNABLE TO USE ALL OR PART OF THE SERVICES. IN NO CASE MAY LEGACY LEARNING SOLUTIONS BE HELD ACCOUNTABLE FOR ANY DIRECT, INDIRECT, ACCIDENTAL, INCIDENTAL OR OTHER DAMAGES AS A RESULT OF THE USE OR IMPOSSIBILITY OF USING THE SERVICES, EVEN IF LEGACY LEARNING SOLUTIONS HAS BEEN INFORMED OF THE PROSPECT OF SUCH DAMAGES INCLUDING ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (V) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WEILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LEGACY LEARNING SOLUTIONS AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
IN THE EVENT OF A BREACH OF YOUR LEGAL OR CONTRACTUAL COMPULSIONS, LEGACY LEARNING SOLUTIONS HAS THE RIGHT (i) TO DELETE YOUR ACCOUNT (ii) TERMINATE YOUR LICENSE FOR USE OF THE SERVICES AND (iii) TO TAKE LEGAL ACTION ON GROUNDS OF CIVIL OR CRIMINAL RESPONSIBILITY IN ORDER TO STOP THE VIOLATION AND ACQUIRE REPARATION FOR ITS LOSSES. SPECIFICALLY, WITHOUT LIMITATION, LEGACY LEARNING SOLUTIONS RESERVES THE RIGHT TO PROSECUTE ANY USER WHO WAS DELIBERATELY DAMAGED OR ATTEMPTED TO DAMAGE THE SERVICES OR DISRUPTED THE PROPER OPERATION OF THE SERVICES OR PROVIDED ASSISTANCE FOR SO DOING.
LEGACY LEARNING SOLUTIONS HAS THE RIGHT TO ELIMINATE ALL OR PART OF THE AVAILABLE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE.
YOU ACKNOWLEDGE AND AGREE THAT, WITHIN LAWFULL LIMITS, IN THE EVENT OF A DISPUTE WITH LEGACY LEARNING SOLUTIONS OR ITS LICENSORS YOU MAY (i) STOP YOUR USE OF THE SERVICES AND TERMINATE YOUR ACCOUNT AND, (ii) IF APPLICABLE, TAKE LEGAL ACTION TO ACQUIRE RECOMPENSE FOR YOUR LOSSES. THE LIABILITY OF LEGACY LEARNING SOLUTIONS, INCLUDING ITS LICENSORS AND AFFILIATED COMPANIES AND THEIR RESPECTIVE EMPLOYEES, MANAGERS OR DIRECTORS (COLLECTIVELY REFERRED TO AS THE “AFFILIATES”) TO YOU MAY NOT SURPASS THE PRICE YOU HAVE PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DISPUTE.
REGARDLESS OF THE ABOVE, THE PROVISIONS OF THIS ARTICLE 8 IN NO CASE LIMIT LEGACY LEARNING SOLUTIONS’S LIABILITY TO YOU IN THE EVENT OF FRAUDULENT STATEMENTS OR DEATH OR PHYSICAL INJURY RESULTING FROM LEGACY LEARNING SOLUTIONS’S NEGLIGENCE. IN ADDITION, THE RESTRICTIONS, EXCLUSIONS AND NON-LIABILITY CLAUSES OF THIS ARTICLE AND OF THE OTHER STIPULATIONS OF THESE TERMS APPLY WITHIN THE LIMITS OF APPLICABLE LAW.
SOME JURISDICTIONS DO NOT PERMIT DISCLAIMER OF SPECIFIC WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST LAWFUL EXTENT.
If LEGACY LEARNING SOLUTIONS asks it of you, you agree to preserve and guarantee LEGACY LEARNING SOLUTIONS and its Affiliates (as defined above), its subcontractors and its content suppliers against all liabilities, claims and damages and all costs, including lawyers’ fees, following and/or resulting from a breach of these Terms for which you are accountable, or related to Services or via the Services, your breach of these Terms, your infringement, or violation of any rights of another, the termination of your account, or more generally, your use of the Services or behavior on the Services or any actions by you or any other person using your Account. Without limiting the generality of the foregoing, you agree to guard LEGACY LEARNING SOLUTIONS and hold it harmless in the event of unsuitable or illegal use of your Account, including in the event of illegal or inappropriate use by a person or entity you have permitted to use your Account. You agree to be held personally accountable for your use of the Services and for all your communications and actions on the Services.
LEGACY LEARNING SOLUTIONS has the right to take sole charge, at its own expense, for leading the defense in and controlling any other cases for which you are normally obliged to guarantee it. The provisions of this Article remain effective and in force after termination of these Terms or of your Account.
These Terms are in effect unless and until terminated by LEGACY LEARNING SOLUTIONS or you. LEGACY LEARNING SOLUTIONS has the right to terminate or suspend these Terms at any time, without notice, and accordingly restrict or deny your access to the Services, for any reason. Upon termination of the Terms, by LEGACY LEARNING SOLUTIONS or you, you must immediately uninstall any mobile applications and destroy all materials acquired in any way from the Services, as well as, all copies of such materials acquired in any way from the Services, as well as, all copies of such materials, whether made under the Terms or otherwise. In addition, upon termination, all training records and/or test scores that you have acquired may, at its sole discretion, be terminated and forfeited. You have no property rights of any training records and/or test scores. Any fees paid hereunder are non-refundable.
12.1. Termination of Your Account or Access to the Services at LEGACY LEARNING SOLUTIONS’ Initiative
LEGACY LEARNING SOLUTIONS may suspend or inactivate your Account and/or your ability to utilize one or more Services or a portion of the Services, at any time, without any judicial formality for the following reasons:
- you fraudulently claim to be any other person or entity or present your identity untruthfully;
- you are not in compliance with these Terms or any additional terms connected to a specific Service or Services;
- you are in violation of your legal or contractual compulsions;
- you encroach on a third party’s copyrights;
- your behavior is, in LEGACY LEARNING SOLUTIONS’s estimation, unsuitably or reprehensibly while utilizing the Services;
- your Account has not been active for six months or more ; or
- for any other reason.
If you have two Accounts or more, LEGACY LEARNING SOLUTIONS has the right to inactivate all your Accounts.
12.2. Termination of the Account and/or Contract on Your Initiative
You have the right to terminate your Account or contract to a particular Service or Services at any time, without any judicial formality, by contacting LEGACY LEARNING SOLUTIONS’ customer service department at the following address: email@example.com.
Be aware that there may be termination fees associated with specific services. Said fees will be disclosed in your individual contract.
Should you not accept these Terms, you may not utilize the Services and you must send LEGACY LEARNING SOLUTIONS a request to inactivate your Account.
There will be no refund, either full or partial, for the active contract periods if you choose to cancel your contract.
12.3. Results of Termination of the Account
Should your Account be inactivated, you will lose, and LEGACY LEARNING SOLUTIONS may delete, your profile and any related course completions, or test scores, notably, but not limited to your User names, training records, and/or test scores. However, LEGACY LEARNING SOLUTIONS has the right to keep your profile and any of the aforementioned Content on its servers for a practical period of time.
Should your Account be inactivated, you must promptly stop all utilization of the Services and destroy any related documentation on any medium. You also must immediately uninstall any Applications.
Should your Account be inactivated, you will not be able to access the Service(s) again without LEGACY LEARNING SOLUTIONS’ express authorization. To access the Services again, contact firstname.lastname@example.org.
Should your Account be inactivated, or a Service or Services associated with your Account be inactivated, all test scores and course completions you have acquired may, at LEGACY LEARNING SOLUTIONS’s sole discretion, be terminated or forfeited. You have no property rights of any training records and/or tests scores. Any fees paid hereunder are non-refundable.
Sections 2, 8, 9, 10, 15, 17 shall survive the termination of these Terms.
13.1. Modification of Terms
Entirely at its own discretion, LEGACY LEARNING SOLUTIONS has the right to modify, add or delete the clauses of these Terms and other notices on the LEGACY LEARNING SOLUTIONS Services, at any time, temporarily or permanently.
LEGACY LEARNING SOLUTIONS will inform you of any modification, addition or deletion to these Terms by placing, on the website of the Services effected by these Terms, a notification to the user of the change, modification, addition or deletion. Any modification, addition or deletion will come into force five (5) working days after the posting of said notification. Should you not agree to the modifications, additions, or deletions made to these Terms, you request that your Account be inactivated.
You therefore agree to check for modifications regularly and to fully comply with them. Any utilization of the Services after updates and/or modifications implies acceptance of the newly updated Terms.
13.2. Modification of Prices of Services
LEGACY LEARNING SOLUTIONS has the right to change the prices of the Services indicated on the websites of the Services affected, on the understanding that the new price is applied only to contracts brokered after the new price has come into effect.
During your contract period, LEGACY LEARNING SOLUTIONS has the right, solely at its own discretion, to modify the price of its Services. In such a case, LEGACY LEARNING SOLUTIONS will indicate these changes on the websites of the Services affected at least two (2) weeks before the change in pricing. These new prices will come into effect only when your new contract is brokered.
13.3. Modification of Access to Services and Content
LEGACY LEARNING SOLUTIONS may change the Content for any reason or without any particular reason, at any time, particularly for reasons linked to technical changes. Specifically, LEGACY LEARNING SOLUTIONS may deem it necessary to perform updates, maintenance operations and/or resets to optimize the Services. Such updates, maintenance operations and/or resets may affect the Services and/or your acquired rights or any other related element, or to result in setbacks for you in the training environment. Entirely at its own discretion, LEGACY LEARNING SOLUTIONS has the right to (a) restrict access to all or a portion of the Services for any User and/or (b) delete all or a portion of the Services.
The Services are controlled and ran by LEGACY LEARNING SOLUTIONS from within the United States of America, and are intended for use solely by residents of the US. LEGACY LEARNING SOLUTIONS makes no representations or warranties that the content or materials of the Services are lawful in any foreign countries, or that any third party products or services will be available outside the US. Those who choose to access the Services from other locations do so at their own risk and are responsible for complying with local laws. You may not breach any applicable laws or regulations, including, but not limited to US export laws and regulations, by use of export of any Content acquired from the Services or any copy or adaptation of such Content.
15.2. Dispute Resolution
The interpretation of these Terms shall in all respects be governed by and construed in agreement with the laws of the United States and the State of Texas. For any disagreement, it is hereby agreed that any action at law or in equity arising under these Terms and/or your use of the Services shall be adjudicated in any court or courts of the State of Texas, or of the United States of America, in Brazoria County, Texas and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts regarding any such matter and consent to service of process by any methods authorized by Texas law.
All claims you bring against LEGACY LEARNING SOLUTIONS must be resolved in accordance with this Section.
The Services are optimized for a resolution of 1024 x 768 pixels: LEGACY LEARNING SOLUTIONS has the right to optimize any one of its Services for any other resolution.
You acknowledge that developments are not compatible with all computer platforms and media and that the performances of the LEGACY LEARNING SOLUTIONS Software and the related Services may vary contingent upon your computer and other equipment.
LEGACY LEARNING SOLUTIONS may occasionally updates or modifications of the LEGACY LEARNING SOLUTIONS Software available to you. You agree that specific updates and modifications may be compulsory in order to continue to utilize the LEGACY LEARNING SOLUTIONS Software and the Services.
16.1. Information on Blocking Pop-ups
Your browser may be setup to avoid pop-ups. Specific Contents are displayed in pop-up form. To enhance use, make sure you deactivate the pop-up blocking function.
17.1. Definition of Compatible Mobile Terminal
The expression “Compatible Mobile Terminal” designates any device able to connect to the Internet to access the Services. The term Compatible Mobile Terminals covers smartphones, tablets, and e-book readers.
17.2. Access to Mobile Services
LEGACY LEARNING SOLUTIONS permits its Users to access certain Services via their Compatible Mobile Terminal (“Mobile Services”).
To access the Mobile Services from your Compatible Mobile Terminal you must (i) possess a Compatible Mobile Terminal, (ii) have the authorization of the person or entity who pays the bill for said Compatible Mobile Terminal, (iii) have Internet access via your Compatible Mobile Terminal and (iv) comply with your mobile and/or fixed Internet service contract.
17.3. Mobile Service Access Costs
The use of a Compatible Mobile Terminal may lead to connection costs. The connection costs may include, for instance, the normal rates of your Internet service provider for use of WAP, data transfer or message services indicated in your mobile and/or Internet service contract, or any other cost invoiced to the User by his Internet service provider. You must contact your Internet service provider for all information regarding the services available and their pricing. LEGACY LEARNING SOLUTIONS is not liable for any costs you incur from your cell phone or internet services provider resulting from the use of the Services.
IF YOU ARE NOT THE PERSON OR ENTITY WHO PAYS THE BILL FOR YOUR COMPATIBLE MOBILE TERMINAL, YOU MUST OBTAIN THE AUTHORIZATION OF THE PERSON OR ENTITY WHO PAYS THE BILL PRIOR TO BUYING CONTENT ON LEGACY LEARNING SOLUTIONS’ MOBILE SERVICES.
17.4. Quality of Mobile Services
If a User connects to the Mobile Services, LEGACY LEARNING SOLUTIONS cannot ensure the User’s comfort will be equal to that enjoyed when utilizing a computer to access Services, specifically in regard to quality of display, response time or access to certain functions such as listening to audio or viewing videos. You agree that the User’s comfort during the utilization of the Mobile Services heavily relies on the capacities of your Compatible Mobile Terminal and the capacities of the electronic communication network you utilize, and LEGACY LEARNING SOLUTIONS may in no case be held accountable for reduced User comfort on Mobile Services.
Downloading, installing and use of certain Mobile Services made available via your Compatible Mobile Terminal may be banned or limited by your Internet service provider, and the Mobile Services may not all function with all network service providers or devices. You should contact your Internet service provider to find out whether the Mobile Services are available for your device and what limitations, if any, may apply to the utilization of said Services for mobile devices.
18.1. Titles and Headings
The titles and subtitles of the clauses are only meant to facilitate reading and comprehension of these Terms and may in no case allow any assumptions as to the content of the clauses and the way in which their interpretation.
If any of the clauses of the Terms proves to be unnecessary; is deemed null and void or unlawful, and/or for any reason to be unenforceable by a court of competent jurisdiction (i) said clause will be interpreted in compliance with the applicable law in such a way as to best reflect LEGACY LEARNING SOLUTIONS’ initial intentions and (ii) the other clauses of these Terms will stay unmodified and will be applicable as if the unnecessary, irrelevant, null and void or inapplicable provisions were no longer a part of the Terms.
18.3. No Waiver
IT is only by the signing of a written statement waiving one or any provision of these Terms that said provision(s) may be considered waived, either by LEGACY LEARNING SOLUTIONS or the User. The lack of exercising a provision, or the delayed exercise of a provision does not constitute a waiver of this right or provision.
18.4. Entire Agreement
These Terms can be accessed at any time at www.legacylearningsolutions.net.
For any question concerning these Terms or the Services, you may contact LEGACY LEARNING SOLUTIONS at the following address: email@example.com.