ONLINE TRAINING POLICY
BY USING THE TRAINING PROGRAM, YOU INDICATE THAT YOU ACCEPT THE POLICY AND THAT YOU AGREE TO ABIDE BY IT. YOUR REMEDY FOR DISSATISFACTION WITH THE TRAINING PROGRAM OR ITS CONTENTS IS TO STOP USING THE TRAINING PROGRAM.
1. Accessing the Training Program.
You are responsible for making all arrangements necessary for you to have access to the Training Program. We reserve the right to withdraw or amend the Training Program, and any service or material that we provide on the Training Program, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Training Program is unavailable at any time or for any period.
2. Intellectual Property Rights
A) The Training Program and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by NI, its licensors or other providers of such material, and are protected by United States and International copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Training Program for your non-commercial use only. No right, title or interest in or to the Training Program or any content on the Training Program is transferred to you, and all rights not expressly granted, are reserved by NI.
B) You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Training Program, except as follows: (1) you may store files that are automatically cached by your Web browser to enhance your , (2) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your personal, non-commercial use, provided you agree to be bound by an applicable end user license agreement for such applications; and (3) if we provide social media features at any time, you may take such actions as are enabled by such features.
C) You may not: (1) use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or (2) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Training Program; or (3) access or use for any commercial purposes any part of the Training Program or any services or materials available through the Training Program. If you are interested using the Training Program for COMMERCIAL PURPOSES, please contact [email protected] for further details and options.
D) Newton Institute, The Serving Leader, and all related names, logos, product and service names, designs and slogans, are trademarks of NI or its affiliates or licensors. You may not use such marks without the prior written permission of NI. All other names, logos, product and service names, designs and slogans on the Training Program are the trademarks of their respective owners.
3. Your Obligations and Representations
a) You may use the Training Program only for lawful purposes and in accordance with this Policy.
b) You promise that: (1) you are of legal age to form a binding contract with NI; (2) you will not use the Training Program in any way that violates any applicable local or international law or regulation; (3) you will not send, knowingly receive, upload, download, use or re-use any material which does not comply with the “Contribution Standards” (defined below); (4) you will not impersonate or attempt to impersonate NI, a NI employee, another user or any other person or entity; (5) you will not do anything that could disable, overburden, damage, or impair the Training Program, or interfere with any person’s use of the Training Program; (6) you will not use any robot, spider, or other automatic device, process or means to access the Training Program for any unlawful purpose or in violation of this Policy; (7) you will not introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; and (8) you will not co-brand or frame the Training Program or link to it without the express prior written authorization from NI.
4. Your User Contributions
a) The Training Program may include interactive services, such as message boards, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other persons (“Post”) content or materials (collectively, “Your Contributions” or “User Contributions”) on or through the Training Program. All of Your Contributions must comply with the Contribution Standards set out in this Policy.
b) Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant NI and its successors the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against NI for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
c) If you provide a User Contribution to be published or displayed on public areas of the Training Program, or transmitted to other users of the Training Program or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Training Program or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
d) User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NI, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Training Program.
5. Contribution Standards
These Contribution Standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must, in their entirety, comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any third-party;
- Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales;
- Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity
6. Monitoring and Enforcement; Termination
We have the right, but not the obligation, to review, screen or edit any User Contribution. You accept that such contributions do not reflect the views of NI and are not endorsed by NI.
We have the right to: (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to User Contributions that we deem necessary or appropriate; (c) disclose your identify or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Training Program; (e) terminate or suspend your access to all or part of the Training Program.
Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Training Program. We do not undertake to review material before it is posted on the Training Program, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communication or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. Reliance on Information Posted
The information presented on or through the Training Program is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Training Program includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third party for the content or accuracy of materials provided by any third parties.
9. Links to other Sites
If the Training Program contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Additionally, a link to a non-NI website does not mean that NI endorses any responsibility for the content of the linked website. If you decide to access any third-party Training Programs linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party Websites.
10. NO PROMISES
YOUR USE OF THE TRAINING PROGRAM OR ITEMS OBTAINED THROUGH THE TRAINING PROGRAM IS AT YOUR OWN RISK. THE TRAINING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NI NOR ANY PERSON ASSOCIATED WITH NI MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE TRAINING PROGRAM. WITHOUT LIMITING THE FOREGOING, NEITHER NI NOR ANYONE ASSOCIATED WITH NI PROMISES, REPRESENTS, OR WARRANTS THAT THE TRAINING PROGRAM OR ITEMS OBTAINED THROUGH THE TRAINING PROGRAM OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE TRAINING PROGRAM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE TRAINING PROGRAM OR ITEMS OBTAINED THROUGH THE TRAINING PROGRAM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NI, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE TRAINING PROGRAM OR OF ANY TRAINING PROGRAM REFERENCED OR LINKED TO FROM OUR WEBSITE. YOU WILL BE RESPONSIBLE FOR ALL CLAIMS AND DAMAGES RESULTING FROM THE MISUSE OF THE TRAINING PROGRAM BY YOU.
We reserve the right, in our sole discretion, to change the terms of this Policy at any time. Any changes are effective immediately upon posting to the Training Program. Your continued use of the Training Program constitutes your agreement to all such terms and conditions.
13. Equitable Relief
You acknowledge that a breach of any confidentiality or proprietary rights provision of this Policy may cause NI irreparable damage, for which the award of damages would not be adequate compensation. Consequently, NI may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and NI may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which NI may be entitled at law or in equity.
14. Governing Law and Venue.
All questions concerning the validity, interpretation, or performance of any of the terms or provisions of this Agreement, or any rights, or obligations of the parties hereto, shall be governed by and resolved in accordance with the laws of the Commonwealth of Pennsylvania. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be instituted in any federal court in the Western District of Pennsylvania or in any state court in Allegheny County, Pennsylvania, and NI hereby waives any objection to which NI may now or hereafter have to the laying of the venue of any such action, suit or proceeding, and irrevocably submit to the jurisdiction of any such court. Both parties waive their rights to a jury trial as to any or all of the issues arising out of or related to this Agreement.
If any provision of this Agreement is deemed to be invalid, illegal, or unenforceable, then such provision shall be equitably reformed in accordance with the intent of the original provision to the extent necessary to make it valid, legal, and enforceable. If it is not possible to equitably reform such invalid, illegal or unenforceable provision, then such provision shall be severed from the Agreement and the remaining provisions given full force and effect. Notwithstanding the foregoing, if reformation or severance of an invalid, illegal, or unenforceable provision would cause a material failure of consideration or frustrate an essential purpose of the Agreement, NI may elect to void the Agreement in its entirety.
A waiver by NI of any term or condition of this Agreement in any instance shall not be deemed or construed to be a waiver of such term or condition for the future, or of any subsequent breach thereof. All rights, remedies, undertakings or obligations contained in this Agreement shall be cumulative and none of them shall be in limitation of any other right, remedy, undertaking or obligation of NI.
17. Geographic Restrictions
By using the Training Program, you represent and warrant that you are not located in, under the control of, or a national or resident of, any country to which the United States has embargoed goods. You agree you will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with your use of this Training Program unless you have complied with all applicable U.S. and foreign government export laws and regulations. NI makes no claim that content contained on this website is appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
18. Entire Agreement
This Policy, together with any documents expressly referred to herein, constitutes the sole and entire agreement between you and NI with respect to the Training Program and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Training Program.
19. Your Comments and Concerns
The Training Program is produced and operated by Newton Institute, LLC, located at 4632 State Route 40, Suite 200, Claysville, PA 15323. If you have any questions, please contact us at: [email protected].