Online Course Terms and Conditions of Use
Please read this document carefully. This is a legal agreement between you and isee systems, inc. ("ISEE") that governs your use of online course materials and any associated software code, documentation or other electronic files made available by ISEE (collectively referred to in this Agreement as the "Online Course").
If you do not agree to be bound by the terms and conditions of this Agreement, click on the "DO NOT ACCEPT AGREEMENT" button below. If you have already paid for the Online Course, your money will be refunded if: 1) you do not access or use the Online Course; AND 2) you notify ISEE by e-mail, fax, or postal mail within thirty (30) days of the start date of your subscription period that you do not accept the terms of this Agreement.
1. License.
1.1 You are granted a nonexclusive, nontransferable, limited license to access and use the Online Course for which the applicable fees, if any, have been paid.
1.2 You are granted a nonexclusive, nontransferable, limited license to download, view and print materials from the Online Course for your own, individual use. You may not copy, distribute or otherwise share Online Course materials including video recordings, slide presentations and handouts without prior written consent of ISEE.
2. Restrictions.
The Online Course is licensed to only you. In no event may you share your login, password or use of the Online Course with another person, or transfer, rent, sell, or otherwise dispose of the Online Course on a temporary or permanent basis without the prior written consent of ISEE.
3. Ownership of Online Course.
All right, title, and interest (including all copyrights and other intellectual property rights) in the Online Course in both print and machine readable form belongs to ISEE or its licensors or suppliers. You acquire no proprietary interest in the Online Course or copies thereof.
4. Technical Support.
You may contact ISEE during regular business hours by telephone, email or fax if you experience difficulties connecting to or using the Online Course for which you have paid the applicable Online Course fees.
5. Limited Warranty.
5.1 ISEE represents and warrants that it has the right and authority to make the Online Course available to you.
5.2 While ISEE endeavors to make web access to the Online Course available to you 24 hours per day, 7 days per week except for regularly scheduled downtime periods, ISEE reserves the right to change its availability policy from time to time, and ISEE does not warrant that the Online Course will be uninterrupted, nor does it warrant any particular feature of the Online Course. ISEE personnel are available to maintain and/or repair the Online Course only during regular business hours.
5.3 EXCEPT AS OTHERWISE PROVIDED IN SECTION 5.1, THE ONLINE COURSE AND ANY SERVICES PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ISEE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ISEE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY, AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.
6. User Obligations.
6.1 You hereby represent and warrant that the information you have provided on the customer information or registration form is true and accurate.
6.2 You are entirely responsible for any and all activities that occur under your account, and you are responsible to oversee and protect against unauthorized or unlawful use of or access to the Online Course. You shall notify ISEE immediately of any unauthorized use of your account or any other breach of security.
6.3 You will indemnify and hold harmless ISEE and its licensors or suppliers against any and all judgments, settlements, penalties, costs and expenses (including attorneys' fee) paid or incurred in connection with claims due to, resulting from or arising in connection with your actions or negligence, including but not limited to those attributable to any breach of this agreement or any infringement, misappropriation or violation of any copyrights, intellectual property rights or other proprietary rights of any third party.
7. Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ISEE NOR ANYONE ELSE WHO HAS BEEN INVOLVED ON BEHALF OF ISEE IN THE CREATION, PRODUCTION OR DELIVERY OF THE ONLINE COURSE OR ANY SERVICES PROVIDED IN CONNECTION THEREWITH, SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE ONLINE COURSE, EVEN IF ISEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ISEE OR ITS LICENSORS OR SUPPLIER'S TOTAL CUMULATIVE LIABILITY FOR LOSS OR DAMAGE UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE ONLINE COURSE. 8.
Miscellaneous.
8.1 Choice of Law and Forum. This Agreement shall be governed by the laws of the State of New Hampshire without regard to that body of law known as conflicts of law, and excluding the United Nations Convention on Contracts for the Sale of Goods. You agree that any dispute arising under this Agreement shall be brought solely and exclusively in a court of competent jurisdiction located in the state of New Hampshire, USA, and agree to submit to personal jurisdiction in the State of New Hampshire for that purpose.
8.2 Complete Agreement. These General Terms and Conditions, and any Additional Terms constitute the complete and exclusive statement of the terms of the agreement regarding the Online Course between you and ISEE. It supersedes and replaces any previous or contemporaneous written or oral agreements and communications relating to the Online Course.
8.3 Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
isee systems, inc. Wheelock Office Park 31 Old Etna Road Lebanon, NH 03766 Ver050207