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Tech Training Partners Website Terms of Use
Effective Date: July 1, 2014
General
Please read these terms of use (the “Terms”) carefully before using the website of Tech Training Partners, Inc. By accessing, browsing or using these website or websites. (collectively referred to as “Website”), you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations, diversion contrary to United States export laws is prohibited. If you do not agree to these Terms, you are not authorized to use our website. These Terms, along with our Code of Ethics, govern your use of the website, any content (such as text, data, information, software, graphics or photographs) that Tech Training Partners may make available through the website (collectively, “Materials”) and any services that Tech Training Partners may provide through the website (collectively, “Services”). The website, Materials and Services are referred to in these terms collectively as the “Tech Training Partners Website.”
Tech Training Partners reserves the right to modify these Terms, or change or remove features of Tech Training Partners Website. We may notify you of any material change to these Terms by sending you an email or by posting a notice of the modification on Tech Training Partners Website. If we make a material change, you may terminate this agreement within seven (7) days of us sending you the email or posting the notification. Your continued use of Tech Training Partners Website after the date of the modification shall be deemed acceptance of the modified Terms or agreement, as applicable. Additional or different Terms, conditions and notices may apply to specific materials, information, products, software or services offered through the Tech Training Partners Websites. In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms. Please see the applicable agreement or notice.
These Terms, together with any additional terms to which you agree when using particular elements of the Tech Training Partners Website, constitute the entire and exclusive and final statement of the agreement between you and Tech Training Partners with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and Tech Training Partners with respect to such subject matter. These Terms and the relationship between you and Tech Training Partners shall be governed by the laws of the State of Florida as applied to agreements made, entered into and performed entirely in Florida by Florida residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Tech Training Partners Website shall be brought in the Federal or State courts located in Brevard County, Florida, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Tech Training Partners to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Tech Training Partners and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the Tech Training Partners Website. These Terms will be interpreted without application of any strict construction in favor of or against you or Tech Training Partners. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Tech Training Partners without restriction.
Use of Software
To the extent that Tech Training Partners provides for the download of proprietary Tech Training Partners software or open source software from Tech Training Partners’s Website (“Software”), such Software is protected by the applicable copyright, patent or other intellectual property rights of either Tech Training Partners or the third party licensor. Any use of the Software is subject to the terms of the applicable end-user or open source license agreement.
All evaluation Software is provided “AS IS” for evaluation and internal use only. You may not use evaluation Software for commercial, development or production purposes. In addition, evaluation Software may be time-disabled and may cease to operate after a period of time.
Trademarks
Tech Training Partners reserves all rights to its trademarks, service marks and logos, which together with the trademarks, service marks and logos of subsidiaries of Tech Training Partners will be collectively referred to as “Tech Training Partners Marks.
No employee or other representative of Tech Training Partners is authorized to grant permission to use Tech Training Partners Marks or to provide guidance in their use, unless licensed within a formal written agreement. Thus, any promise or other representation with respect to Tech Training Partners Marks by a Tech Training Partners employee in the absence of a formal written agreement cannot be relied upon.
The Tech Training Partners Marks are highly valued intellectual property, and therefore Tech Training Partners will take the necessary steps to guard against dilution and the use of third-party marks which are confusingly similar to Tech Training Partners Marks or which are likely to cause confusion with Tech Training Partners Marks.
Tech Training Partners does not object to the use of the Tech Training Partners Marks (other than logos) to refer specifically to the products of Tech Training Partners. However, a purely referential use or nominative fair use of the Tech Training Partners Marks must be in plain text. Qualified legal counsel should be consulted in order to distinguish a referential use from an infringing use.
In the United States, registered Tech Training Partners Marks should be designated by the symbol “®”, while unregistered Tech Training Partners Marks should be identified by a “™” designation. The Tech Training Partners Marks must be used as adjectives, rather than as nouns or verbs.
Linking To Tech Training Partners Websites
Linking to the Tech Training Partners Website (including an internal or subsidiary page of any website comprising a part of the Tech Training Partners Website) must be approved in writing by Tech Training Partners management, except a limited, revocable right to create a hyperlink to the website is granted under condition that the website on which the hyperlink resides:
1. does not utilize content of a Tech Training Partners Website;
2. does not utilize a Tech Training Partners logo;
3. does not use framing of a Tech Training Partners Website;
4. does not misrepresent an affiliation or other relationship with Tech Training Partners;
5. does not misrepresent any possible endorsement by Tech Training Partners;
6. does not contain content that could be construed as illegal, distasteful, offensive or controversial; and
7. is promptly modified to delete the hyperlink upon request by Tech Training Partners.
Copyright
Except where otherwise specified, the contents of the Tech Training Partners Website is subject to copyright. Copyright © 2014 Tech Training Partners, Inc. All rights reserved.
The contents of the Tech Training Partners Website is protected by copyright and intellectual property laws in the United States and other countries as well as by international treaties. You may not copy or distribute any portion of the Tech Training Partners Websites, except as necessary to view the Tech Training Partners Websites.
Tech Training Partners and/or other products referenced herein are acknowledged as either registered trademarks of Tech Training Partners, or the registered property of their respective owners within the USA and/or other countries. No affiliation with, or an endorsement of, or any sponsorship herein should be inferred or implied either verbally or in any written material.
CCAD, CCDP, CCIE, CCIP, CCNA, CCNP, Cisco, Cisco IOS, Cisco Systems, the Cisco Systems logo, and Networking Academy are registered trademarks or trademarks of Cisco Systems, Inc. and/or its affiliates in the USA and certain other countries. Please direct any questions or comments to info@TechTrainingPartners.com.
Microsoft, Inc., Microsoft Certified Training Centers, Microsoft Certified Technical Educational Center, and Microsoft Partners logo, are registered trademarks or trademarks of Microsoft, Inc. and/or its affiliates in the USA and certain other countries. Please direct any questions or comments to info@TechTrainingPartners.com.
VMware, Inc., VMware Learning Center, vSphere, vCenter, vMotion, and any VMware logos, are registered trademarks or trademarks of VMware, Inc. and/or its affiliates in the USA and certain other countries. Please direct any questions or comments to info@TechTrainingPartners.com.
Links to Third Party Sites
Links on the Tech Training Partners Website to third-party websites are provided solely for your convenience. If you access those links, you will leave the Tech Training Partners Websites. Tech Training Partners does not endorse or make any representations about such third party websites, and Tech Training Partners is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on those websites. Tech Training Partners does not control those websites, and Tech Training Partners is not responsible for the contents of any third-party websites, any links contained in third-party websites or any changes or updates to third-party websites.
Anti-Piracy/License Compliance
Tech Training Partners protects its technology vigilantly and permits others to use it by virtue of license agreements. The use or distribution of current or future Tech Training Partners software without permission from Tech Training Partners is software piracy. Tech Training Partners distributes and sells its product through a channel network of distributors and resellers. Tech Training Partners does not distribute or sell its product through unauthorized channels.
Indemnification
You agree to indemnify, defend and hold harmless Tech Training Partners, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account, computer or software’s) use of the Tech Training Partners Website or violation of these Terms. Tech Training Partners reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Tech Training Partners’s defense of such claim, and in no event may you agree to any settlement affecting Tech Training Partners without Tech Training Partners’s written consent.
Electronic Communications
When you visit the Tech Training Partners Website or send e-mails to Tech Training Partners, you are communicating with Tech Training Partners electronically. We may respond to you by e-mail or by posting notices on the Tech Training Partners Website. You agree that all such notices, disclosures and other communications that Tech Training Partners provides to you electronically satisfy any legal requirement that such communications be in writing.
United States Government Rights
All Tech Training Partners products and publications are commercial in nature. Any software, publications and software documentation available on the Tech Training Partners Website is “Commercial Items,” as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), and used in 48 C.F.R. §12.211, 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Pursuant to 48 C.F.R. §12.211, 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19 and other relevant sections of the Code of Federal Regulations, as applicable, Tech Training Partners’s publications, commercial computer software and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation and the terms and conditions herein.
Disclaimers
Information on the Tech Training Partners Website is not promised or guaranteed to be correct, current or complete, and the Tech Training Partners Websites may contain technical inaccuracies or typographical errors. Tech Training Partners assumes no responsibility (and expressly disclaims responsibility) for updating the Tech Training Partners Website to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products or other matters described in the Tech Training Partners Website. Tech Training Partners provides no assurances that any reported problems will be resolved by Tech Training Partners, even if Tech Training Partners elects to provide information with the goal of addressing a problem.
ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE TECH TRAINING PARTNERS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. TECH TRAINING PARTNERS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TECH TRAINING PARTNERS MAKES NO WARRANTY THAT THE TECH TRAINING PARTNERS WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE TECH TRAINING PARTNERS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
Limitation of Liability
IN NO EVENT WILL TECH TRAINING PARTNERS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF US $1.00, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, REVENUES OR SAVINGS, LOSS OR DAMAGE TO DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THE TECH TRAINING PARTNERS WEBSITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES ACCESSED ON OR THROUGH THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY AND EVEN IF TECH TRAINING PARTNERS HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that Tech Training Partners may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Tech Training Partners’s liability shall be the minimum permitted under such applicable law.
Privacy and Protection of Your Information
Please see our Privacy Statement disclosure regarding the use and management of your personal information. Tech Training Partners takes the collection of your personal and private information with the utmost care and responsibility.
Copyright Notice
Copyright 2014 Tech Training Partners Corporation
3810 Murrell Road, STE 325
Rockledge, Florida 32955, U.S.A.
Main: 321-626-7037
All Rights Reserved. Any rights not expressly granted herein are reserved.
Headquarters
3810 Murrell Road
Suite 325
Rockledge, FL 32955
Phone: (321) 355-8099
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