Terms OF USE AGREEMENT
Attention: Please Read This Terms of Use Agreement Carefully Before Using This Web Site. This Terms of Use Agreement (this "Agreement") governs and controls your visit and your use of this Website. BY ACCESSING, BROWSING, DOWNLOADING OR OTHERWISE USING AND/OR OBTAINING INFORMATION FROM THIS WEBSITE YOU (THE "USER") ACCEPT AND AGREE TO BE BOUND BY EACH OF THE FOLLOWING TERMS AND CONDITIONS:
1.Copyrights, trademarks, etc.
This Website and the content (including without limitation the training programs, memorandums and presentations available on this Website to registered Users), organization, compilation, magnetic translation, digital conversion, design, look and feel, and other aspects or matters related to this Website, are the property of PREEMPT, Inc. (“PREEMPT”) or third parties and are protected under applicable copyrights, trademarks, service marks and other proprietary and intellectual property rights (whether registered or unregistered in any jurisdiction). Except as permitted by paragraph 2, below, the copying, redistribution, publication or other use by a User of any such content or any part of the Website is prohibited and the User does not acquire any rights to any content, software, code, data, or other materials or aspects of the Website accessed or otherwise obtained by or through the Website. Moreover, the copyrights, trademarks, logos, service marks and tradenames (collectively the "Mark(s)") displayed on the Website or in content available through the Website are registered and/or unregistered Marks of PREEMPT and third parties and may not be used without the express written consent of the owner of the Mark. User does not obtain any license or right to use any such Mark except as otherwise provided in paragraph 2, below.
2. Unauthorized Use Prohibited
The viewing or downloading of any document or other content grants the User only a limited, non-exclusive license for use solely by the User in connection with PREEMPT's training program(s) and other services. Except as provided in the preceding sentence, User may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, sublicense, assign or otherwise transfer or exploit any content, software, code, data or materials on the Website; and any commercial distribution, publishing or exploitation of the Website or any part thereof or any content, software, code, data or materials on the Website, is strictly prohibited unless User has received the express prior written permission of PREEMPT or the applicable rights holder.
3. Privacy of User Information
Please refer to PREEMPT’s separate Privacy Policy set forth elsewhere on this Website, the provisions of which are incorporated into this Agreement by reference.
4. Warranty Disclaimers
The Website, including, without limitation, all services, content, function and materials, is provided “As Is”, “As Available”, without warranty of any kind, whether express or implied by statute, common law or otherwise. ADDITIONALLY, THE INFORMATION, INCLUDING, WITHOUT LIMITATION, EXAMPLES, PROBLEMS, AND STATUTORY REFERENCES, CONTAINED IN THE TRAINING MATERIALS IS PROVIDED FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY AND SUCH INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL LEGAL & FINANCIAL ADVICE OR TO APPLY TO USER'S SPECIFIC CIRCUMSTANCES. ADDITIONALLY, USER SHOULD BE MINDFUL THAT THE LAW IS CONSTANTLY CHANGING AND THAT HE OR SHE SHOULD ALWAYS INQUIRE ABOUT THE CURRENT STATE OF THE LAW AS IT MAY APPLY IN USER'S PARTICULAR CIRCUMSTANCES. PREEMPT CANNOT, AND DOES NOT, GUARANTEE OR WARRANT (1) THAT THE INFORMATION AVAILABLE ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE TRAINING MATERIALS) IS ACCURATE, USEFUL, NON-INFRINGING, THOROUGH, OR COMPLETE, (2) THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, (3) THAT DEFECTS WILL BE CORRECTED, OR (4) THAT THE WEBSITE WILL MEET USERS' REQUIREMENTS, AND ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ARISING FROM USAGE OF TRADE OR COURSE OF DEALING, ARE HEREBY DISCLAIMED. PREEMPT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE, NOR FOR ANY VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS THAT MAY INFECT OR OTHERWISE DAMAGE USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF USER’S ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR THE DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE WEBSITE.
5. Indemnification
User agrees to indemnify, defend and hold PREEMPT and its directors, officers, employees and agents harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from User’s violation of this Agreement.
6. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia without regard to conflict of laws principles that would require the application of the laws of any other jurisdiction. All legal proceedings arising out of this Agreement shall be brought solely in state or federal courts located in the District of Columbia. User expressly submits to the exclusive jurisdiction of said courts and consents to extra-territorial service of process.
7. Amendment
THIS AGREEMENT IS SUBJECT TO AMENDMENT WITHOUT NOTICE BY PREEMPT. CONSEQUENTLY, YOU SHOULD REVIEW THESE TERMS OF USE PERIODICALLY. YOUR USE OF THE WEBSITE SUBSEQUENT TO ANY AND ALL POSTING OF CHANGES TO THIS AGREEMENT WILL MEAN THAT YOU EXPRESSLY AGREE TO SUCH CHANGES.
8. Online Training Accounts
A User desiring to register for PREEMPT's training programs must set up an account. This is accomplished by (i) registration, and (ii) payment, in advance, of the applicable fee(s). Registered Users may elect to delay participation in the training program and may transfer his or her account (including credit for fees paid) to another User, but PREEMPT shall be under no obligation to provide any full or partial refund of fees paid, and a course must be completed within 30 days from the date of the initial registration and payment for that course.
9. Confidential Information
Certain information made available on this Website, including but not limited to training programs, memorandums and presentations marked as "proprietary information" constitutes proprietary and confidential information of PREEMPT (the "Proprietary Information"). User agrees to hold the Proprietary Information in confidence and that he or she will not use the Proprietary Information for any purpose other than in connection with User's purchase of and participation in PREEMPT's training program and other services. User further agrees that he or she will not copy, publish or disclose the Proprietary Information, or any part thereof, to any third party without the express prior written consent of PREEMPT. In no event shall User be deemed to have any right or interest in or to the Proprietary Information by virtue of the disclosure to and/or use by User of such information.
10. Third-Party Websites
PREEMPT provides links to other websites strictly as a convenience to users. Neither PREEMPT nor any person or entity connected in any manner to PREEMPT (i) makes any representation about any such website, (ii) has any control or responsibility over the content on such websites, (iii) makes any express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such websites.
11. Limitation of Liability
IN NO EVENT SHALL PREEMPT, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS), OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO ANY USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR FROM SUCH USER'S USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY SUCH USER TO PREEMPT FOR SUCH USER'S USE OF THE WEBSITE OR PURCHASE OF SERVICES VIA THE WEBSITE.
12. PREEMPT's Right to Make Changes
PREEMPT reserves the right, in its sole discretion, to make changes to the Website and to revise, correct, add to or delete any of PREEMPT's information or other content appearing on the Website.
13.Termination
PREEMPT may terminate, change, suspend, add to or discontinue any aspect of the Website or the Website's services at any time, in PREEMPT's sole discretion, and without liability to any User. PREEMPT may restrict, suspend or terminate a User's use of or access to the Website and/or its services if we believe the User is in breach of or is attempting to breach these terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided PREEMPT with false or misleading information, or interfered with other users or the administration of the Website or services).
14. Miscellaneous
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect. To the extent that anything in the Website is inconsistent or in conflict with this Agreement, the provisions of this Agreement shall govern. Please contact PREEMPT with respect to any questions concerning the Website or this Agreement.