1. Limited Right to Use. The Site is owned and operated by LazersonLearning. Unless otherwise specified, all Materials on the Site are the property of LazersonLearning and are protected by the copyright laws of the United States and throughout the world. Materials from the Site are solely for personal, informational use. No copyright or other proprietary notices shall be removed. Only the authorized purchaser, person, entity or institution, of the digital download portion of a self-study, webinar or classroom product (User) may use the digital download. No materials or portion of materials published by LazersonLearning on the Site may be copied or distributed beyond the Authorized User or their organization without the prior written consent of LazersonLearning. Copying, reproducing, modifying, republishing, uploading, posting online, or sending any Materials (or portions of Materials) or any materials associated with a webinar in any form or by any means is prohibited. The restrictions in this section do not apply to publicly available Materials (“Publicly Available Materials”), which may be included using any sharing methods LazersonLearning provides on the Site for sharing Publicly Available Materials or referencing or citing Publicly Available Materials. This does not include publicly available Materials accessed in a part of the Site that requires a password to enter or is otherwise restricted. In all of these instances, you must properly identify LazersonLearning as the source of the Publicly Available Materials. Materials available in a part of the Site that requires a password to enter or is otherwise restricted must be treated as Confidential Information unless otherwise marked and may not be used or disclosed except as expressly permitted in a written agreement with LazersonLearning.
2. Eligibility. The Site is not offered to any person under the age of 13. If the User is over the age of 13 but under the age of 18, the User must either: (i) be an emancipated minor, or (ii) have obtained the legal consent of a parent or legal guardian to use the Site and enter into these Terms.
3. Links and Frames. Links to other sites may be provided on the Site for convenience. By providing these links, LazersonLearning is not endorsing, sponsoring, or recommending them, the materials disseminated by them, or services provided by them. LazersonLearning is not responsible for the materials or services at or related to or from any other site and makes no representations concerning the content of sites listed in any part of the Site. Consequently, LazersonLearning cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in any search results or otherwise linked to the Site. (e.g. clicking on a banner advertisement or a search result may result in the User leaving the Site.) This may include links from advertisers, sponsors, and content partners that may use LazersonLearning’s logos as part of a co-branding agreement. These third-party websites may include cookies, collect data, solicit personal information, or contain information that may be found inappropriate or offensive. In addition, LazersonLearning does not control what advertisers may send to users. LazersonLearning reserves the right to disable links from any third-party sites to the Site.
4. Registration. Users may be given the opportunity to create and register a user account (your “Account”) to access information from LazersonLearning or to participate in certain features and functionalities of the Site. By registering, Users represent, warrant, and confirm to LazersonLearning that all information provided on the registration form is complete, current, and otherwise accurate. LazersonLearning may rely on the information provided, including any user IDs or passwords created by the User, for identification and/or activity. Users must promptly update and otherwise maintain information to keep User Accounts current. Users agree that LazersonLearning may access the information provided for any purpose so long as such use does not violate the Privacy Policy.
5. Password and Security. If the User is issued or creates passwords or other credentials to access the Site or any part or functionality that is part of the Site, the User shall not share passwords or credentials or make passwords or credentials available to any unauthorized individuals. Users shall be responsible for all actions taken by anyone with credentials provided to them by the User. If it is believed that credentials have been lost or stolen or any unauthorized access has been attempted the User should notify LazersonLearning at once support@lazersonlearning.com.
6. Interference and Malicious Code. Use of the Site to upload, post, or otherwise transmit any Content that could (i) in any way transmit any form of malicious or unwanted code or program to the Site or any websites, servers, networks, systems, or equipment of LazersonLearning or any third party, or (ii) would otherwise interfere with or disrupt the Site or any websites, servers, networks, systems, or equipment of LazersonLearning or any third party is prohibited. Users shall abide by all policies, procedures, and other requirements established by any networks connected to the Site. Site users shall not employ any data mining programs or techniques on any Materials or otherwise in connection with the use of the Site.
7. Monitoring. Users agree that LazersonLearning has the right, but not the obligation, to monitor all use of the Site as well as any Content posted or uploaded to the Site. LazersonLearning monitors to ensure compliance with these Terms and any applicable laws or regulations. This monitoring may also be for any purpose permitted or authorized by applicable law, regulation, or government or industry agent. LazersonLearning may (although is not obligated to) screen, disable, remove, or otherwise edit any Content, posts, uploads, or references to or in connection with the Site. Users agree that LazersonLearning is not required to notify any user of any such screening or editing. Furthermore, the User forfeits any Content made available to the Site (including any expectation that LazersonLearning will create or maintain any backup or archival copies of such Content for any period). LazersonLearning has no responsibility to do so or liability if it does not do so.
8. License to Content. If a User submits any Content to the Site, it is agreed that these submissions are not confidential and create no relationship between said User and LazersonLearning. By posting, uploading, referencing, or otherwise submitting any Content to the Site or to LazersonLearning directly, the User grants LazersonLearning and its affiliates a perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense, and otherwise exploit all such Content, in part or in whole, in any way and in any form, whether now known or otherwise developed. Further, the User agrees to not receive any royalty or any other kind of payment or attribution or acknowledgment and that neither LazersonLearning nor its affiliates will owe the User any other obligation. Users agree that LazersonLearning may take any legal action available to it against any person or entity that violates the User’s or LazersonLearning’s rights in your Content through a breach of these Terms. If a User retains moral rights (including rights of attribution or integrity) in the Content, the User hereby declares that: (a) they do not require that any personally identifying information be used in connection with the use of their Content, or any updates, improvements or derivative works made to or from their Content; (b) they do not object to any publication, modification, editing, deletion, or other use of their Content by LazersonLearning or any of its successors or assigns; (c) they fully and forever waive any right they have to claim or assert entitlement to any moral rights of an author regarding their Content; and (d) they fully and forever release LazersonLearning and its directors, officers, employees, agents, licensees, successors, and assigns from any claims that user(s) could otherwise assert against LazersonLearning by virtue of any such moral rights.
9. Third-Party Content. LazersonLearning may receive Materials on the Site from third parties, including other users. All statements, opinions, advice, criticisms, offers, or other information stated or expressed by any such third parties reflect solely the opinion and belief of the respective third party making such statement and not that of LazersonLearning or any of its affiliates. LazersonLearning makes no endorsement, guarantee, or other statement, express or implied, about such third-party Materials, including that any such third-party Materials are accurate, complete, timely, corroborated, or otherwise useful or appropriate for any use or circumstance. The User must independently evaluate any such third-party Materials if the User intends to rely in any way on the information contained in or provided in connection with such third-party Materials, and the User alone must engage any appropriate professionals necessary or prudent in making that evaluation.
10. Subscription-Based Services. Subscription-based services (“Services”) means the online, cloud-based services and platform, including all educational content, provided by LazersonLearning and subscribed to by the User, including associated offline components, if any. User subscriptions may not be transferred or used by anyone other than the original User. The User agrees to (i) be responsible for compliance with these Terms of Use, (ii) be solely responsible for the accuracy, quality, integrity, and legality of any data provided by the User in the course of purchasing Services, (iii) prevent unauthorized access to or use of the Services, and notify LazersonLearning promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with these Terms of Use and applicable laws and governmental regulations. The User shall not (i) make the Services available to anyone other than self, (ii) sell, resell, rent, or lease the Services, (iii) use the Services to store or transmit infringing, libelous, obscene, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights, (iv) use the Services to store or transmit malicious code, including viruses, worms, time bombs, Trojan horses, and other harmful or malicious code, files, scripts, agents, or programs, (v) interfere with or disrupt the integrity or performance of the Services or third-party data, (vi) attempt or permit others to attempt to gain unauthorized access to the Services or their related systems or networks, (vii) load test the Services in order to test scalability, or (viii) copy, reproduce, publicly perform, or create derivative works based upon the Services or make or have made any feature or functionality of the Services. Subscription: By purchasing a Subscription, the User agrees to an initial pre-payment for one full year of service. After one year and annually thereafter, the User will be billed a recurring Subscription renewal fee at the then-current Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Subscription any time before the next billing cycle, subject to the terms of any provided cancelation policies.
11. Copyright Notice. Materials may be made available via the Site that come from third parties not within LazersonLearning’s control. In connection with the Digital Millennium Copyright Act (DMCA), while LazersonLearning fully respects the copyright interest of LazersonLearning’s users and all such third parties, LazersonLearning has no obligation to, and does not, scan Materials or any content uploaded, provided, posted, or otherwise used in connection with the Site for the inclusion of illegal, infringing, improper, unauthorized, or impermissible content. However, as a matter of policy, LazersonLearning does not allow Materials to remain on the Site if LazersonLearning knows the Materials are infringing another person or entity’s copyright. If it is believed any Materials on the Site may infringe or otherwise violate your or any other person or entity’s copyright, please write to LazersonLearning at Support@Lazersonlearning.com to specify the Materials believed to be infringing and the reasons why. In sending the notice, please specify or provide at least:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LazersonLearning to locate the material;
- Information reasonably sufficient to permit LazersonLearning to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive rights that are allegedly infringed.
12. Required Technology. Access and use of the Site may require certain equipment, connectivity services, and other technology (such as computers or other similar devices, internet connectivity, reading programs, etc.). The User is responsible for obtaining and maintaining all required technology at their own expense. Although LazersonLearning generally tries to make the Site compatible with available technology, LazersonLearning does not imply or guarantee in any way that the Site will be compatible or otherwise accessible using any specific model, brand, or type of technology.
13. Ownership. LazersonLearning reserves all rights, title, and interest in all Materials posted to the Site, including all patents, copyrights, trademarks, trade names, service marks, and logos of LazersonLearning and its affiliates and licensors (“Intellectual Property”). Except expressly stated in Paragraph 1 above, you have no right to use any of this Intellectual Property, and nothing contained in the Site or these Terms imply or grant to you or any other third party any right to use any the Intellectual Property without the prior written permission of LazersonLearning or the respective owner.
14. Indemnity. The User is solely responsible for any unauthorized use of the Site. The User agrees to indemnify, defend, and hold LazersonLearning harmless from and against all claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees and costs) arising out of, based on, or in connection with the access or use of the Site.
15. Disclaimer. Use of the site and any materials accessed, downloaded, or otherwise obtained in connection with the use of the site are solely at the user’s own discretion and risk. The site and all materials are provided on an “as is” and “as available” basis. LazersonLearning has and shall have no responsibility for any damage caused to a user or user’s belongings (including any damage to your computer system or loss of data) that results from the use of the site or any materials. LazersonLearning expressly disclaims all warranties of any kind, whether express or implied, including and without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the site and all materials provided on or through the site. Specifically, LazersonLearning makes no warranty or statement that: (a) the site or any materials will meet your requirements; (b) the site will be available on an uninterrupted, timely, secure, or error-free basis; (c) the materials that may be obtained from the use of the site (or any information related to such materials or use) will be accurate or reliable; (d) the site or the materials on the site will be maintained or updated; or (e) any materials you access, view, obtain or otherwise consider will meet any expectations you may have.
16. Limitation of Liability. In no event shall LazersonLearning or any of its affiliates be liable for any damages whatsoever, including without limitation direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data, or use incurred by users or any third party, whether in an action in contract or tort, arising from access to, or use of, the site or any materials or other content provided on or through the site. Furthermore, in no event shall LazersonLearning or any of its affiliates be liable for the defamatory, offensive, or illegal conduct of any users or any other third parties. The User acknowledges and agrees that the risk of any injury relating thereto rests solely and entirely with the User.
17. Remedies for Breach. If LazersonLearning has reason to believe that a User has engaged in any of the prohibited activities described in these Terms or has otherwise breached obligations under these Terms, LazersonLearning may terminate, suspend, or limit access to or use of the Site; notify law enforcement, regulatory authorities, impacted third parties, and others as deemed appropriate; refuse to provide access to the Site in the future; and/or take legal action. In addition, LazersonLearning, in its sole discretion, reserves the right to terminate access to the Site for any reason and at any time.
18. Waiver of Jury Trial. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates or employers or any other intended beneficiary arising under or relating to these Terms and the use of the Site.
19. Waiver of Class Action Claims. Both parties agree to waive any right to assert any dispute or claim against the other party or any other intended beneficiary arising under or relating to these Terms or the Site as a class action.
20. No Waiver. LazersonLearning shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of LazersonLearning. No delay or omission on the part of LazersonLearning in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
21. Site Modifications. LazersonLearning may, in its discretion, change, limit or remove all or portions of the Site. LazersonLearning may also limit the availability of the Site temporarily or permanently.
22. Modifications to these Terms. LazersonLearning may add to or otherwise modify these Terms (in whole or in part) at any time. Such changes are at LazersonLearning’s discretion, and such additions or modifications shall be effective immediately upon posting to the Site. By using the Site after such additions or modifications are posted, the User is agreeing to accept and comply with the Terms as modified.
23. User Privacy. Protecting User privacy is very important to LazersonLearning. Please review the Privacy Policy to better understand our commitment to maintaining privacy, as well as our use and disclosure of information.
24. Privacy of Others. If information about another person is accessed through the Site, the User agrees to keep the information confidential and only use it in connection with the Site.
25. General. These Terms, as well as any other rules, procedures, or protocols established by LazersonLearning (including the Privacy Policy), will, to the extent inconsistent with the terms of previous agreements and arrangements between you or your organization and LazersonLearning, whether written or oral, will supersede such agreements and arrangements with respect to the subject matter they address. LazersonLearning and its affiliates and their directors, officers, employees, agents, successors, and assigns shall be considered beneficiaries under these Terms and shall each have the right to enforce the provisions of these Terms directly, jointly, or on its own behalf. These Terms shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by LazersonLearning (or any of its agents) of any right under these Terms shall be deemed to be a waiver of any other term, right, or obligation hereunder. To the extent any provision of these Terms, including without limitation any disclaimers set forth herein, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms shall remain in effect as written. Section headings are provided solely for convenience and shall not be given any legal import.
26. Contact and Inquiries. If you have any questions regarding these Terms or the use of the Site generally, please contact LazersonLearning at Info@Lazersonlearning.com.