Following is your agreement when you register with Program Services. This Agreement specifies the terms and conditions by which Program Services provides a user ("User") with access to the Program Services website ("Website).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND BY ANY OPERATING RULES OR POLICIES IMPLEMENTED BY PROGRAM SERVICES FROM TIME-TO-TIME WITH RESPECT TO THE WEBSITE, WHICH SHALL BE POSTED ON THE WEBSITE.
Program Services grants User the personal, non-transferable, non-exclusive right to access and use the Website, in accordance with this Agreement for at least a 180-day period of time. Once the registration for a course is complete and the required payment is made, a course will be available to the User for a period of at least one hundred and eighty(180) days. Program Services authorizes the User to download a single copy of any document from the Website solely for personal, non-commercial use. User is not being granted any right to 1) copy the Website 2) to use the Website on computers other than a server controlled by Program Services 3) to reproduce, duplicate, sell or exploit for any commercial purpose any portion of the Website 4) or to copy or otherwise duplicate and distribute the documents from this Web site 5) reverse engineer, de-compile, or otherwise attempt to derive source code from any software accessible or available on the Web site. User agrees to access the Website only through the interface that is provided by Program Services. If the User utilizes the Website or its contents in a manner that violates this Agreement, the User's Access Rights shall be terminated. User hereby grants Program Services the right to use in the aggregate statistical and demographic information collected by Program Services in its operation of the Web site. Program Services reserves the right to refuse access to any person or entity, at any time, as determined by Program Services in its sole discretion. Program Services reserves the right at any time to withdraw from the Website any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
TITLE AND OWNERSHIP RIGHTS
User acknowledges that all patents, copyrights, trade secrets, trademarks, trade names and other proprietary rights relating to or residing on the Website (including, without limitation, the "look and feel" of the Website), all software and programming code that supports the operation of the Website, and any derivatives thereof or other modifications thereto, are owned by Program Services and its suppliers. User agrees that the website and all components thereof, constitute the proprietary confidential information of Program Services. Any use by User of the Website for purposes other than the limited license grant stated above shall constitute misappropriation of Program Services confidential information.
This Agreement, including any operating rules and policies, constitute the entire agreement between User and Program Services with respect to the Website and supersedes all prior agreements between User and Program Services. No amendment or modification hereof will be valid or binding upon either party unless made in writing and signed by the authorized representatives of both parties. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
User agrees to comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Website and purchase of the services on the Website. The laws of the State of North Carolina will govern interpretation and enforcement of this Agreement. User hereby consents to personal jurisdiction in the federal and state courts of North Carolina for any action arising out of or relating Program Services Website. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneys' fees. The Site Content and/or services available through the Website are subject to United States export controls and may not be accessed or used by: (1) a national or resident of any country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. User hereby agrees to the foregoing and represents and warrants that he/she is not a national, resident or under the control of any such country or on any such list.
User agrees to indemnify and hold harmless Program Services, its officers, directors, employees and agents, or arising out of User's use of the Website, any alleged violation of this Agreement, or any from any claim or demand, including reasonable attorneys' fees, made by any third party due to alleged violation of any rights of another, including but not limited to User's use of any content, trademarks, service marks, trade names or other intellectual property in connection with the Website. Program Services reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, which shall not excuse User's indemnity obligations.
LINKS TO OTHER SITES
The Web site contains links to third-party Web sites. These links are provided solely as a convenience to the User and not as an endorsement by Program Services of the availability of the external sites or the contents of such third-party websites. Program Services is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If the User decides to access linked third-party sites, he/she does so at his/her own risk. The User agrees that Program Services shall not be responsible or liable for any damages or loss caused by the use of the sites or resources.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT OR ANY REFERENCED MATERIAL IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE WEBSITE WILL 1) MEET USER REQUIREMENTS OR/AND EXPECTATIONS 2) BE ERROR-FREE 3) THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR 4) THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. PROGRAM SERVICES AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, TEXT, GRAPHICS, AND LINKS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PROGRAM SERVICES, OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
PROGRAM SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, SUPPLIERS OR ANY THIRD PARTY MENTIONED ON THIS WEBSITE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF PROGRAM SERVICES IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM USER'S ABILITY OR INABILITY TO USE THE WEBSITE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF SERVICE.
PROGRAM SERVICES IS NOT LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, TECHNOLOGY, OR DATA.
PROGRAM SERVICES WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT IF SUCH FAILURE IS CAUSED BY INTERNET OUTAGES, EARTHQUAKES, COMMUNICATION OUTAGES, FIRE, FLOOD, WAR, AN ACT OF GOD, OR THE OCCURRENCE OF ANY OTHER UNFORESEEN CONTINGENCY BEYOND THE REASONABLE CONTROL OF PROGRAM SERVICES.