This is a template provided for your convenience. Do not forget to adjust it to your needs. Replace all red-colored text with your company's details.
Your use of the Site and Services is governed by this Terms regardless of how you access the Site or Services. If you do not agree to these Terms, please DO NOT use our Site or Services. BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS.
1. Access to This Site. To access a Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. To use a Site all the information you provide has to be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to deny access to this Site, to any of its resources, and / or to terminate or suspend your access at any time. BY ACCEPTING THE AGREEMENT, ACCESSING OR USING THE SITE OR SERVICES, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS. You may use a Site only for purposes expressly permitted by these Terms.
2. Access, Subject Matter Disclaimer. YOU HAVE TO BE AT LEAST 16 YEARS OLD TO USE THE SITES. IF YOU ARE UNDER 16, YOU MUST HAVE THE CONSENT OF YOUR PARENTS OR A LEGAL GUARDIAN TO USE A SITE. We provide users of the Site and/or Services with access to certain content and Services regarding communication training and how to apply this information in everyday life in the form of interactive seminars, trainings and publications, including, but not limited to, handouts, checklists and worksheets. You are solely responsible for facilitating access to our Sites and Services, through your own hardware and internet connection. We make no representation or warranty regarding access to content available through the Site or in connection with Services, including the quality of streaming content and the download speed of downloadable content. The content provided through the Site and/or in connection with the Services is designed to provide practical and useful information. We provide training and insights, we do not guarantee any particular outcome or results as part of your use of our Site or Services. WE EXPRESSLY DISCLAIM ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF THIS SITE OR IN CONNECTION WITH THE SERVICES.
3. Rules of Conduct. You agree that you will not use our Sites in any manner that could in any way disable, overburden, damage, or impair the Site or otherwise interfere with any other party’s use and enjoyment of the Site. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Site. You may not:
· Interfere with or disrupt the operation of the Site or Services or the servers or networks used to make the Site or Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or in connection with the Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
· Restrict or inhibit any other person from using the Site or Services (including by hacking or defacing the Site);
· Use the Site or Services to advertise or offer to sell or buy any goods or services.
· License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or Services or any access to or use of the Site or Services;
· Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site or Services;
· Remove any copyright, trademark or other proprietary rights notice from the Site or Services or any materials available through the Site or Services;
· Frame or mirror any part of the Site or Services without GK’s express prior written consent;
· Systematically download or store content from the Site or Services unless explicitly permitted as part of your purchase of a program;
· Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or in connection with the Services or reproduce or circumvent the navigational structure or presentation of the Site or Services without GK’s express prior written consent. Notwithstanding the foregoing, GK grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GK reserves the right to revoke these exceptions either generally or in specific cases.
We may terminate your use of the Site or Services for any conduct that we consider to be inappropriate, or for your breach of these Terms, including the rules of conduct set forth above (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site or Services).
4. Proprietary Information. All content found on our Sites (the “Content”) is our copyrighted and trademarked intellectual property, or belongs to the party that created and/or licensed the Content to us. No rights or title to any of the Content contained on any of our Sites shall be considered transferred or assigned to a user at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without our prior written consent in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
5. Feedback. If you provide us with any ideas, proposals, suggestions or materials (“Input”) related to a Site, the Services or otherwise, you acknowledge and agree that by doing so you grant us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to us through the Site, and to incorporate any Input in other works in any form, media, or technology now known or later developed. You agree that we will not be bound to treat any Input as confidential and may use any Input in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.
6. Hyperlinking. Our Site may be hyperlinked to include links to other websites which we do not maintain. Hyperlinks are provided as a service to users, and do not mean or imply that we sponsor, endorse or are otherwise affiliated with the websites linking to our Site, or websites that link to our Site. We have not reviewed any or all of such sites and are not responsible for the content of any linking sites, and any links made directly from a Site to another web page will be accessed at your own risk. We make no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.
7. Use of Communication Services. Our Sites may contain forums, bulletin board services, chat areas, message boards, news feeds, calendars, or other message or communication facilities to let you communicate publicly or privately (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. When using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
(a) you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(b) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
(c) is vulgar, obscene, pornographic, incendiary, or indecent;
(d) threatens or abuses others;
(e) is libelous or defamatory towards others;
(f) is racist, abusive, harassing, threatening or offensive;
(g) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(h) harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
(i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(j) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(k) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
(l) solicits funds, advertisers or sponsors for any purpose;
(m) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
(n) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or
(o) contains hyperlinks to other sites that contain content that falls within the scope of this section.
You acknowledge that any materials uploaded to a Site may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
You acknowledge that we may or may not pre-screen materials uploaded to the Site. We shall have the right, but not the obligation, in our sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Terms or is otherwise objectionable as we may determine in our sole discretion.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, a Site the Communication Services or any part thereof with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
WHILE THE WEBSITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND THAT WE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, WE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
9. Disclosure Under Law. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
10. Personally Identifiable Information. We caution you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in our , as well as in conformance with all applicable laws, rules, and regulations.
11. Disclaimer & Limitations on Liability. You understand that Company cannot and does not guarantee or warrant that the Site and its Content will always be available, will not be changed and that files available for downloading from the Company Websites will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to a Site. We further disclaim any responsibility to ensure that the Content located on our Site is necessarily complete and up-to-date.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.
13. Trademarks and Copyrights. Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing on this Site are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party. All contents of our Site are: © MCH Communications Inc.
14. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site or in connection with the Services infringe your copyright, you (or your agent) may send GK a written notice by mail, email or fax, requesting that GK remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send GK a counter-notice. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to GK’s DMCA Agent to
MCH Communications Inc.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA which currently are:
· An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· A description of the copyrighted work that you claim has been infringed upon;
· A description of where the material that you claim is infringing is located on the Site, including the current Site address;
· Your address, telephone number, and e-mail address;
· A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;
· A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
See http://www.copyright.gov/ for details.
BY ACCEPTING THESE TERMS, YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
16. Governing Law & Disputes. This Terms is governed by the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions, and regardless of your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND FIT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SITE OR SERVICES, YOU AGREE THAT YOU AND GK ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by these Terms. Any in-person hearings or appearances shall be held in New York County, State of New York, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Terms and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
(b) You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Terms or your use of a Site.
(d) A failure to exercise or enforce any right or provision of this Terms shall not operate as a waiver of such right or provision. Any waiver of this Terms by Company must be in writing and signed by an authorized representative of the Company.
(e) The section titles in the Terms are for convenience only and have no legal or contractual effect.(f) Please report any violations of this Terms to the Company [email protected] If you have any questions regarding these Terms, please contact us at [email protected].