1. Association with TrainHR
1.1 The use of TrainHR's webinars and web sites (hereinafter collectively referred as "Services" in this,web page, excluding any services provided by TrainHR under a separate written agreement) is subject to the terms of a legal agreement between the end-user of the website and TrainHR. "TrainHR" line of business is an online training solutions provider that is an extension of NetZealous LLC, whose principal place of business is at 39658 , Mission Boulevard, Fremont. This document elucidates the terms and conditions of browsing through the website.
1.2 Unless otherwise agreed in writing with TrainHR, the agreement with TrainHR will always include, at a minimum, the terms and conditions mentioned hereunder referred as "General Terms".
1.3 The agreement with TrainHR will also include the Legal Notices applicable to the Services, in addition to the General Terms hereunder referred as the "Additional Terms". The Additional Terms apply to a Service that will be accessible either within or through the use of that Service.
1.4 The General Terms, along with the Additional Terms, form a legally binding agreement between the end-user and TrainHR in relation to the use of Services and should be read carefully. Collectively, the legal agreement is hereinafter referred as the "Terms".
1.5 If there is any contradiction between the Additional Terms and the General Terms, then the terms mentioned in the Additional Terms section supersedes to that Service.
2. Accepting Terms and Conditions
2.1 In order to use the Services, the Terms mentioned here must be agreed upon by the end-user.
2.2 The terms can be accepted using on of the following methods mentioned hereunder:
(a) Click the accept or agree to the Terms, where this option is made available by TrainHR in the user interface for any Service; or
(b) By using the Services. In this case, you understand and agree that TrainHR will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 The Services may not be used and the terms may not accepted if,
(a) The end-user is a minor, or
(b) You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which TrainHR's Services are utilized.
2.4 Before proceeding ensure a print out or a local copy of the General Terms is available for records.
3. Language of the Terms
3.1 TrainHR will provide the terms in English language version only. TrainHR is not obliged to provide a written translation to the language of choice.
3.2 If there is any contradiction between what the English language version of the Terms and the translation at the end-user end, then the English language version shall take precedence.
4. Provision of the Services by TrainHR
4.1 TrainHR has subsidiaries/offshore locations and affiliated legal entities around the world ("Subsidiaries and Affiliates"). At times, the Subsidiaries and Affiliates will provide Services on behalf of TrainHR. The end-user hereby acknowledges and agrees that the subsidiaries/offshore locations and Affiliates will be entitled to provide the Services.
4.2 TrainHR (including subsidiaries/offshore locations and affiliated legal entities) is/are persistently innovating in order to provide the best possible experience for the end-users. The end-user acknowledges and agrees that the form and nature of the Services which TrainHR provides may change from time to time without prior notice to you in any form.
4.3 As part of this persistent innovation, the end-user accepts and agrees that TrainHR may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at TrainHR's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform TrainHR when you stop using the Services.
4.4 You acknowledge and agree that if TrainHR disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. However we assure you that all privacy norms would be adhered to.
4.5 You accept and agree that while TrainHR may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service; such fixed upper limits may be set by TrainHR at any time, at TrainHR's discretion.
5. Use of the Services by you
5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to TrainHR will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by TrainHR, unless you have been specifically allowed to do so in a separate agreement with TrainHR. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
5.5 Unless you have been specifically permitted to do so in a separate agreement with TrainHR, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5.6 You agree that you are solely responsible for (and that TrainHR has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which TrainHR may suffer) of any such breach.
6. Your passwords and account security
6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services provided by TrainHR.
6.2 Accordingly, you agree that you will be solely responsible to TrainHR for all activities that occur under your account.
6.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify TrainHR immediately at firstname.lastname@example.org
7. Privacy and your personal information
7.2 You agree to the use of your data in accordance with TrainHR's privacy policies.
8. Content in the Services
8.1 You understand that all information (such as data files, written text) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person/copyright holder from which such original content originated. All such information is referred to below as the "Content".
8.2 You should be aware that Content presented to you as part of the Services, including but not limited to sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to TrainHR (or by other persons or companies on their behalf). You hereby Undertake not to modify, rent, lease, loan, sell, distribute(email or copy to data CDs) or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by TrainHR or by the owners of that original Content, in a separate agreement.
8.3 TrainHR reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
8.4 You understand that by using the Services you may be exposed to Content that you may find unrelated/ extraneous or objectionable and that, in this respect, you use the Services at your own risk.
8.5 You agree that you are solely responsible for (and that TrainHR has no responsibility to you or to any third party for) any Content that you transmit or display while using the Services and for the consequences of your actions (including any loss or damage which TrainHR may suffer) by doing so.
9. Proprietary rights
9.1 You acknowledge and agree that TrainHR (or TrainHR's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by TrainHR and that you shall not disclose such information without TrainHR's prior written consent.
9.2 Unless you have agreed otherwise in writing with TrainHR, nothing in the Terms gives you a right to use any of TrainHR's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. (Including subsidiaries/off shore locations and affiliated legal entities)
9.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with TrainHR, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and TrainHR's brand feature use guidelines that TrainHR may provide for this purpose from time to time.
9.4 Other than the limited license set forth in Section 11, TrainHR acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with TrainHR, you agree that you are responsible for protecting and enforcing those rights and that TrainHR has no obligation to do so on your behalf.
9.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9.6 Unless you have been expressly authorized to do so in writing by TrainHR, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
10. License from TrainHR
10.1 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the webinar/download/files or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by TrainHR, in writing.
10.2 Unless TrainHR has given you specific written permission to do so, you may not assign (or grant a sub-licensee of) your rights to use the service (you may not be allowed to transfer the user details), grant a security interest in or over your rights to use the service, or otherwise transfer any part of your rights to use the Service.
10.3 However TrainHR sends/emails or allows downloads or dissipates information which is deemed as educational & is offered FREE (white papers, complimentary educative CDs or downloads or mailers or email information or information exchanged for free along with an other transaction while normally it might be charged)without involving any monetary transaction through any channel. Refer Chapter 09 for more clarity.
11. Software updates
11.1 The Software which you use may automatically download and install updates from time to time from TrainHR (including technology partners, subsidiaries/off shore locations and affiliated legal entities). These updates are designed to improve, enhance and further enrich the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit TrainHR to deliver these to you) as part of your use of the Services.
12. Ending your relationship with TrainHR
12.1 The Terms will continue to apply until terminated by either you or TrainHR as set out below.
12.2 If you want to terminate your legal agreement with TrainHR, you may do so by (a) notifying TrainHR at any time and (b) closing your accounts for all of the Services which you use, where TrainHR has made this option available to you. Your notice should be sent, in writing, to TrainHR's email address which is set out at the beginning of these Terms.
12.3 TrainHR may at any time, terminate its legal agreement with you if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or (B) TrainHR is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or (C) The partner with whom TrainHR offered the Services to you has terminated its relationship with TrainHR or ceased to offer the Services to you; (however we would strive to replace the partner to continue the services, however its not an obligation); In doing so TrainHR will refund as per our policy, or (D) The provision of the Services to you by TrainHR is, in TrainHR's opinion, no longer commercially viable.
12.4 Nothing in this Section shall affect TrainHR's rights regarding provision of Services under Section 4 of the Terms.
12.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and TrainHR have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 19.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. EXCLUSION OF WARRANTIES
13.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT TRAINHR'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILLS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
13.3 IN PARTICULAR, TRAINHR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
13.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAINHR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.6 TRAINHR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
14. LIMITATION OF LIABILITY
14.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TrainHR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
14.2 THE LIMITATIONS ON TRAINHR'S LIABILITY TO YOU IN PARAGRAPH 14.1 ABOVE SHALL APPLY WHETHER OR NOT TRAINHR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. Please refer to shipment policy for CD shipments.
15. Copyright and trade mark policies
15.1 It is TrainHR's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers.
15.2 TrainHR operates a trade mark complaints procedure in respect of TrainHR's advertising business.
While using TrainHR Web Site, you may encounter documents or other information resources contributed or licensed by private individuals, companies, or organizations that may be protected by U.S. and foreign copyright laws. Transmission or reproduction of protected items beyond that allowed by fair use (PDF link) as defined in the copyright laws requires the written permission of the copyright owners.
16.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
16.2 The manner, mode and extent of advertising by TrainHR on the Services are subject to change without specific notice to you.
16.3 In consideration for TrainHR granting you access to and use of the Services, you agree that TrainHR may place such advertising on the Services.
17. Other content
17.1 The Services may include hyperlinks to other web sites or content or resources. TrainHR may have no control over any web sites or resources which are provided by companies or persons other than TrainHR.
17.2 You acknowledge and agree that TrainHR is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
17.3 You acknowledge and agree that TrainHR is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
17.4 Hypertext links may be created by TrainHR for informational purposes where the linked external Web site will provide useful and valuable information to visitors of this Web portal, or where the linked external Web site is required or authorized by law. TrainHR, in its sole discretion, will determine whether the external Web site meets the purpose of this Web portal or for the specified informational purposes.
17.5 The inclusion of a hypertext link to an external Web site is not intended & should not be constructed as an endorsement of any of the products or services offered or referenced on the linked Web site & further to their hyperlinks if any, the organizations sponsoring said Web site, or any views that might be expressed or referenced in the Web site.
17.6 Hypertext links to external Web sites and pages may be removed or replaced at the sole discretion of TrainHR, at any time without notice. In the event you discover problems with or have concerns regarding the format, accuracy, timeliness, or completeness of a linked external Web site, please contact the organization responsible for the linked external Web site. TrainHR does not control and is not responsible for any linked external Web sites, pages, or content.
18. Changes to the Terms
18.2 You understand and agree that if you use the Services after the date on which the General Terms or Additional Terms have changed, TrainHR will treat your use as acceptance of the updated General Terms or Additional Terms.
19. General legal terms
19.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a third party product or download a file/s, which are provided by another person or company (any private individual, company or organization). Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and TrainHR and govern your use of the Services (but excluding any services which TrainHR may provide to you under a separate written agreement), and completely replace any prior agreements between you and TrainHR in relation to the Services.
19.3 You agree that if TrainHR does not exercise or enforce any legal right or remedy which is contained in the Terms (or which TrainHR has the benefit of under any applicable law), this will not be taken to be a formal waiver of TrainHR's rights and that those rights or remedies will still be available to TrainHR.
19.4 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies of which TrainHR is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
20 The Terms, and your relationship with TrainHR under the Terms, shall be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. You and TrainHR agree to submit to the exclusive jurisdiction of the courts located within office location in the state of Delaware, USA to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that TrainHR shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.