License Agreement & Terms of Service
ACCEPTANCE:
By clicking on the "I Agree" button or by using the MindLeaders
Courseware, which you have selected after viewing this license, you agree
to the terms of this License Agreement ("Agreement"). Please
read this Agreement carefully. If you accept the following terms, click on
"I Agree."
This
is an Agreement between you, either individually or as a representative of
your company or institution ("Member"), and getskilled.com, a
service of Global Frontiers, Inc. ("GFI"). This Agreement goes
into full effect (the "Effective Date") when Member completes
the online signup form on the getskilled.com Website, or when a completed
written Courseware License Agreement ("Service Request") for the
MindLeaders Courseware you have selected ("Licensed Courseware")
is accepted by GFI.
TERM:
The Term of this Agreement shall commence on the Effective Date and shall
continue for an initial term ("Initial Term") based on the
billing interval indicated in the Service Request ("Service
Period"). Following the end of the Initial Term, the Agreement will
automatically renew thereafter for an additional like Service Period of
same duration ("Renewal Terms"). Ether party may terminate this
Agreement at the end of the Initial Term or any Renewal Term upon ten (10)
days prior notice. You will not be able to replay the Licensed Courseware
at a later time unless you pay a new license fee and once again agree to
accept the terms of this Agreement. GFI may also terminate this Agreement
immediately, at its sole discretion, by notice to you if you fail to
comply with any term or condition of this Agreement.
NOTICES:
Notices given by GFI to you will be given by email or by conventional
mail. Notices will be sent to the email address or mailing address you
provide GFI as part of the Licensed Courseware registration process, or to
updated addresses which you provide GFI by notice given consistent with
this provision. Notices given by you to GFI must be given by email to
admin@getskilled.com, by conventional mail sent to getskilled.com, 10824
SE Oak St., Suite 300, Portland, OR 97269-2021, or by faxed letter sent to +1 (503)
352-0660, or such updated addresses which GFI may provide Member by notice
given consistent with this provision.
CHARGES:
Member agrees to pay all charges for use of the Licensed Courseware in the
currency in which the charges are billed and at the prices in effect as of
the beginning of the Initial Term and any Renewal Term. All charges are
exclusive of value added, sales or other taxes, which Member agrees to
pay. GFI reserves the right to change prices for any next ensuing Renewal
Term at any time, provided such price changes have been posted at the
getskilled.com Website in advance.
PAYMENT:
Payment must be made by debit or credit card designated by Member for
GFI's use during the Licensed Courseware registration process; payment by
check requires prior approval. The Licensed Courseware access charges will
be payable on the Effective Date and on the first day of each Renewal
Term, and on each such date Member agrees and reaffirms that GFI is
authorized to charge your designated card until either you or GFI
terminate this Agreement as provided in the Term provision above. Payments
will be submitted in advance of receiving services and will be in
accordance with the standard billing procedures set forth by GFI. Member
will be subject to a late payment fee of $5.00 plus 10% of the outstanding
balance if a payment is late by 10 days or more. If payment is not
received by GFI from the card issuer or its agents, Member agrees to pay
all amounts due upon demand of GFI. Member's card issuer's agreement
governs your use of your designated card, and Member should refer to that
agreement and not this Agreement with respect to rights and liabilities as
a cardholder. Member agrees to promptly notify GFI of changes to (a) the
account number or expiration date of your designated card or (b) billing
address.
CREDIT
POLICY: GFI reserves the right, in its sole discretion, to suspend access
to any Licensed Courseware account(s) upon an indication of credit
problems including but not limited to delinquent payments or rejection of
any credit card charges, or returned checks. Member is responsible for any
costs and fees generated by credit issues within Member's control, and
grants GFI an irrevocable right to charge such costs and fees to Member
accordingly. These costs and fees include but are not limited to,
administrative fees to handle chargeback processing, any service charge(s)
levied by a merchant account carrier for a stop-payment, any service
charge(s) levied by any bank for a stopped check or a check returned for
non-sufficient funds (NSF), or any increased costs incurred by GFI due to
such actions. An additional $25.00 charge will become due and payable if
checks are returned due to NSF and $50.00 for chargeback processing
(except in cases of fraud). Member consents to have such costs and
fees billed to Member's credit card, if possible.
LICENSE
AND RESTRICTIONS: GFI grants to Customer a temporary, non-exclusive,
non-transferable license to display the Licensed Courseware for Customer's
individual use or for the internal use of its employees. Plug-ins and
other executable files downloaded when the Licensed Courseware is
displayed may be used following the end of the license term, but only for
your Customer's individual use or for the internal use of its employees.
Customer may not (a) sublicense, assign, transfer, distribute or rent the
Licensed Courses or use, copy or modify the Licensed Courses, in whole or
in part, except as expressly permitted in this Agreement; (b) permit
access to the Licensed Courses by more persons than the Subscription limit
set forth below; (c) Transfer a Login ID from one individual to another
(except upon a termination of employment) or permit persons other than the
individuals to whom Login IDs have been assigned to access the Licensed
Courses; (d) Take any action designed to unlock or bypass any restrictions
on number of users or access to the Licensed Courses; or (e) access any of
the Licensed Courses after the end of the License Term.
TITLE:
MindLeaders.com, Inc. is the exclusive owner of the Licensed Courseware.
GFI provides the Licensed Courseware and licenses its use to you as
provided in this Agreement. TITLE TO THE LICENSED COURSEWARE, OR ANY COPY,
MODIFICATION OR MERGED PORTION OF THE LICENSED COURSEWARE, SHALL AT ALL
TIMES REMAIN WITH MINDLEADERS.
DISCLAIMER
OF WARRANTY AND REMEDY: EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT,
THE LICENSED COURSEWARE IS PROVIDED "AS IS" AND THERE ARE NO
WARRANTIES OR CONDITIONS (EXPRESSED OR IMPLIED, ARISING BY STATUTE OR
OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE
LICENSED COURSEWARE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER. GFI AND ITS
DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY
PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, OR NONINFRINGEMENT OF
THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. THESE DISCLAIMERS CONSTITUTE AN
ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS
WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS,
WHICH VARY FROM STATE TO STATE.
GFI
does not warrant that the functions contained in the Licensed Courseware
will meet your requirements or expectations or that the operation of the
Licensed Courseware will be entirely error free, or appear precisely as
described in any Licensed Courseware documentation.
LIMITATION
OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL GFI OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE TO YOU FOR
ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR
CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE
LICENSED COURSEWARE, EVEN IF GFI HAD BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
EXPORT
LIMITATIONS: None of the Licensed Courseware or underlying information or
technology may be displayed, downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iran, Libya,
Yugoslavia, North Korea, Iran, Syria or any other country to which the
U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By agreeing to the terms of this
Agreement, you are agreeing to the foregoing and you are representing and
warranting that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
GOVERNMENT
USERS: The Licensed Courseware and its documentation are provided with
RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is
subject to restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause, DFARS 252.227-7013,
or subparagraphs (c)(1) and (2) of the Commercial Computer Software
Restricted Rights clause, 48 CFR 52.227-19. The Manufacturer is
MindLeaders.com, Inc.
CHANGES
TO TERMS: GFI RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY
POSTING SUCH CHANGES TO THE GETSKILLED.COM WEB SITE. MEMBER IS RESPONSIBLE
FOR REVIEWING SUCH CHANGES ON A REGULAR BASIS. MEMBER'S NON-TERMINATION OF
THIS AGREEMENT AND/OR CONTINUED USE OF THE LICENSED COURSEWARE CONSTITUTES
ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
GENERAL:
If any provision of this Agreement is held to be unenforceable, the
enforceability of the remaining provisions shall in no way be affected or
impaired thereby. The local laws of the State of Oregon shall govern this
Agreement. If you have any questions concerning this Agreement, you should
contact GFI at the address set forth in the "Notices" provision
above. All parties consent to personal jurisdiction in the State of
Oregon, United States of America.
YOU
ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND, BY CLICKING ON THE
BUTTON MARKED "I AGREE" OR BY SIGNING A PRINTED COPY, INDICATE
YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS IS
THE COMPLETE AGREEMENT BETWEEN US AND IT SUPERSEDES ANY OTHER INFORMATION
YOU MAY HAVE RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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