Learning & Development Center
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, graphics, logos, button icons, photos, images, video and audio clips, programs, software, data, scripts, and coding (collectively "Content"). Unless otherwise noted herein, all Content on the Site, including both displayed and un-displayed content of source files and databases, is the exclusive property of LEARNING & DEVELOPMENT CENTER or its software suppliers and protected, both individually and as a collective work, by United States and international copyright laws.
The design, layout, content and other elements of the Site and the products offered are protected by trade dress, trademark, service mark, copyright, unfair competition, and other laws and may not be copied, duplicated or reproduced in whole or in part without the written permission of LEARNING & DEVELOPMENT CENTER
TRADEMARKS AND SERVICE MARKS
LEARNING & DEVELOPMENT CENTER logos are registered trademarks and service marks of LEARNING & DEVELOPMENT CENTER in the United States and other countries. Unless otherwise noted, all trademarks, graphics, logos, and service names appearing on the Site are the property of LEARNING & DEVELOPMENT CENTER LEARNING & DEVELOPMENT CENTER trademarks and service marks may not be used in connection with any product or service that is not manufactured or offered by LEARNING & DEVELOPMENT CENTER, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LEARNING & DEVELOPMENT CENTER.
USE OF SITE
LEARNING & DEVELOPMENT CENTER hereby grants you limited permission to use and reproduce textual and graphical Content appearing on this Site, including any accompanying graphics, provided that (1) LEARNING & DEVELOPMENT CENTER copyright notice (i.e., Copyright © 2009 LEARNING & DEVELOPMENT CENTER All rights reserved.) appears in all copies or reproductions; (2) such Content is used for lawful and non-commercial informational or personal purposes; (3) such Content is not reposted to the Internet or any other commercial network or broadcast in any media; (4) to the extent used, graphical Content is identically reproduced as currently integrated with existing textual Content and is not used, copied or reproduced separately from any accompanying text; and (5) no modification to any such Content is made. The limited license granted hereunder does not give either you or any other person other than LEARNING & DEVELOPMENT CENTER any ownership or copyrights in the Content or any right to use or exploit any trademarks owned by LEARNING & DEVELOPMENT CENTER Any rights to use, copy or reproduce the Content which are not expressly granted to you in this section are retained by LEARNING & DEVELOPMENT CENTER and under no circumstances is permission granted to use or copy the site's design, layout or other protected elements.
Except as permitted above, no portion, element, design, or feature of the Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose that is not authorized in writing by LEARNING & DEVELOPMENT CENTER LEARNING & DEVELOPMENT CENTER and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if LEARNING & DEVELOPMENT CENTER believes that customer conduct violates applicable law or is harmful to the interests of LEARNING & DEVELOPMENT CENTER and its affiliates.
TERMS AND CONDITIONS OF SALE
Any items, such as, but not limited to services and products, purchased from LEARNING & DEVELOPMENT CENTER, either directly from this site or otherwise, are subject to LEARNING & DEVELOPMENT CENTER Standard Terms and Conditions of Sale which should be reviewed carefully prior to placing an order for any product or item manufactured or offered for sale by LEARNING & DEVELOPMENT CENTER
THIRD PARTY LINKS
As a convenience to you, LEARNING & DEVELOPMENT CENTER may provide on the Site, links to Web Sites operated by other entities. If you use these third party links, you may or may not leave this Site. Linked sites not within the www.learninganddevelopmentcenter.com domain are not under the control of LEARNING & DEVELOPMENT CENTER and LEARNING & DEVELOPMENT CENTER is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
LEARNING & DEVELOPMENT CENTER makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links to third party Web sites do not imply that LEARNING & DEVELOPMENT CENTER endorses, is affiliated with, or is legally authorized to use any trademark, trade name, logo or copyrighted work displayed in or accessible through such links or that any linked Web site is authorized to use any trademark, trade name, logo or copyright symbol of LEARNING & DEVELOPMENT CENTER or any of its affiliates.
I. General Statement
LEARNING & DEVELOPMENT CENTER is strongly committed to protecting the privacy of its customers.
II. Information About All Site Visitors
In general, our service automatically gathers certain usage information like the numbers and frequency of visitors to the Site and its areas. This collective data helps us determine how much our customers use parts of the site, so we can improve our site to assure that it is as useful as possible. For example, the Site uses a technology often referred to as "cookies" that tells us how, who and when pages in our site are visited, and by how many people.
III. Information About You
Sometimes, we may specifically ask for information about you when you order or inquire about a service or product. We will need certain information -- such as name, Internet address or screen name, billing address, type of computer, credit card number - in order to provide the product or any related services to you. We may also use that information to let you know of additional products and services about which you might be interested. You can choose not to receive such information by letting us know by email or postal mail at the address on our website.
Questions regarding the above statement should be directed to us for clarification via e-mail or postal mail at the address found on our website.
LEARNING & DEVELOPMENT CENTER AND ITS CONTENT SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. THIS SITE AND ALL CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LEARNING & DEVELOPMENT CENTER AND ITS CONTENT SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL LEARNING & DEVELOPMENT CENTER OR ITS CONTENT SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA OR LOSS OF REVENUES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE CONTENT AVAILABLE FROM THIS SITE OR SERVER. USERS ARE ADVISED THAT CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. LEARNING & DEVELOPMENT CENTER OR ITS CONTENT SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES IN THE SITE, CONTENT, OR IN ANY OF THE PRODUCTS AND SERVICES DESCRIBED ON THE SITE, AT ANY TIME AND WITHOUT ADVANCE NOTICE.
SAFE HARBOR PRIVACY PRINCIPLES
Your privacy and the privacy of all users of this web product and the pages of our Network partners' sites are important to us. Therefore, we adopt the following principles (the "Principles"). The Principles are based on the principles of notice, choice, and access security in the collection and use of all information regarding our users and their activities at our Site. It incorporates by reference, and is intended to evidence our full intent to comply with the Safe Harbor Privacy Principles issued and published by the U.S. Department of Commerce (the "Safe Harbors"). You are encouraged to review the Safe Harbors by accessing the following link: http://www.export.gov/safeharbor. These Principles further incorporate by reference, and are intended to evidence our full intent to comply with the requirements of the Data Directive enacted and enforced by the European Commission (the "Data Directive"). Materials relating to the Data Directive can be accessed at http://europa.eu.int/comm/internal_market/en/dataprot/ .
This Policy tells you, among other things, what information we gather from you through our Site, how we may use or disclose that information, and our efforts to protect it. Please read this Policy carefully and feel free to contact us at email@example.com for clarification. if you have any inquiries or complaints, or questions regarding its contents. Before or in connection with your use of our Site, we may collect a variety of information from and about you in different ways. When we create your account we store certain personally identifying information such as your name and e-mail address. As part of our services, you may create or submit information to be stored on-line with us. Or alternatively our clients may enter the information as they have control over some of the information as well. This is because part of our site functions as an application that provides a service to our clients. Client's may enter personal information into our system. In some cases those candidates may enter the information themselves. However, under no circumstance do we use the personal information submitted beyond the scope of providing our service. It is our commitment to preserve the confidentiality of this information as our client's assets, particularly on those sites where we have branded the site with their name and logo. But at the same time care for the privacy of the end users of our site. You may also choose to store personal contact information of others and personal documents. We use the personally identifying information you provide to register you as a user of the Site, to administer Site usage to monitor traffic-levels, and to contact you regarding improvements we can make to our Site and our services, if necessary. We may use your e-mail address to contact you directly regarding services, products, or information that we believe may be of interest to you. Beyond this, we will not use your information for any purpose that you have not authorized. We do not sell or rent any information we collect as part of our services to any third parties without your consent. From time to time, we may also disclose information to fulfill certain legal and regulatory requirements or if we believe, in good faith, that such disclosure is legally required or necessary to protect others' rights or to prevent harm.
From time-to-time our site requests information from users via surveys or other means. Participation in these surveys is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). Contact information will be used and/or shared with the survey sponsors. Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users' personally identifiable information is not shared with third parties. Though we may use an intermediary to conduct these surveys, they may not use users' personally identifiable information for any secondary purposes.
3. Log Files
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement individually and in the aggregate, and gather demographic information for our use. IP addresses are linked to personally identifiable information. IP addresses are tied to personally identifiable information to enable our Web-based service. We use tracking utilities that uses log files to analyze user movement.
4. Networking Forum and Member's Chat
Within the networking forum and member's chat feature information such as name, screen name, email address, and country are used in a quasi public way and can be viewed only by other users of the system. This is done through intra-site mail to intra-company contacts and is not disclosed to third party agents. The purpose of these two elements is for communication between members only.
You may choose to restrict our use of your information. If you are a user of our Site or services, you may restrict distribution of your information by indicating such restrictions in an e-mail or postal mail to our office address located on our website.
For particularly sensitive categories of information, such as your medical or health conditions, ethnic or racial origin, political or religious beliefs, trade union membership or information concerning your health or other personal information, we will not disclose such information to any third party without your affirmative authorization (opt in) on the Site. We will not use your information for any purpose other than for those purposes you have authorized and we will not use your information for a purpose that is incompatible with the purpose for which it was originally authorized by you. We will treat as sensitive any information that we receive from a third party where the third party treats and identifies it as sensitive. When you opt in to receive any Newsletters you may opt out in two ways. We offer potential customers, clients and candidates a way to opt out and facilitate opt-out interaction with client administrators. You may opt out of receiving any Newsletters by canceling your subscription. You may also opt out by clicking on the opt-out feature found at the bottom of each newsletter.
6. Onward Transfer (Transfers to Third Parties)
We will apply the Notice and Choice policies discussed above in the event we propose to disclose your information to a third party. If we propose to disclose your information to a third party that is acting as our agent or on our behalf, we will ensure that the third party has agreed to abide by the Safe Harbors or is subject to the Data Directive, or can otherwise assure adequate protection of your information. We may seek to assure adequate protection, for example, by entering into written agreements with third parties requiring such parties to provide at least the same level of privacy protection as is required by the Safe Harbors and/or the Data Directive.
You can access products and information on the website by logging into your account (Account) using the assigned username and password, if you have established such Account on the Site. Ordinarily, we will not restrict access except in cases where we reasonably believe that the rights of persons other than yourself would be violated.
Your Account containing the digital content is username and password protected. Only those who log on with the authorized password can access the Account. We have taken reasonable precautions to protect this information from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, please remember that you play a valuable part in security as well. Your password to access your Account should never be shared with anyone outside those who are authorized to use it.
Furthermore, if you provide any information to parties who operate Web sites that are linked to or from our Site, different rules may apply to their collection, use, or disclosure of your personal information. We encourage you to review the privacy policies of such other sites before revealing any sensitive or personal information. Regardless of the precautions taken by you or by us, "perfect security" does not exist on the Internet. We cannot ensure or warrant the ultimate security of any information you transmit.
9. Data Integrity
LEARNING & DEVELOPMENT CENTER recognizes a responsibility to develop a product that is accessible and useable by all people, including those with disabilities. We will devote energy and resources to ensure all users enjoy access to our products, technologies, and services.
As part of our special commitment to the accessibility and usability of our product by disabled persons, we challenge our industry to continually develop specialized technology that assists our developers to bring information to all people regardless of disability.
Concurrently, we will work to improve our understanding of how persons with disabilities interact with the Internet and our products by encouraging feedback from disabled users, keeping up with news, trends and research results. When appropriate, we will build relationships with organizations that represent the interests of disabled persons and learn ways we can work together to meet the special needs of their members.
I. E-commerce Terms and Conditions of Sale
II. Noticeboard Terms And Conditions Of Use
III. PRIVACY STATEMENT
IV. General Terms and Conditions of website use
I. E-COMMERCE TERMS AND CONDITIONS OF SALE
1.1 "Buyer" means the individual or organization who buys Goods from the Seller;
1.2 "Consumer" means someone who buys Goods from the Seller;
1.3 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 "Downloadable" means having an ability to place an electronic computer file onto a computer or computer server.
1.5 "Goods" means the goods and/or services that the Buyer agrees to buy from the Seller;
1.6 ".DNL" means an electronic computer file with the extension designated by .dnl.
1.7 "Seller" means Learning & Development Center, a unit of The Ryan Group, Inc., a company incorporated in the United States of America, State of Texas.
1.8 "Terms and Conditions" means the terms and conditions of sale set out in this document;
1.9 "Website" means this website www.learninganddevelopmentcenter.com (or any replacement website substituted therefore by the Seller).
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a Consumer.
2.2 These Terms and Conditions shall apply to all Contracts for the sale of Goods by the Seller to the Buyer through the Website and shall prevail over any other documentation or communication from the Buyer. For the avoidance of doubt, the Seller reserves the right to amend the Terms and Conditions at any time without notice, and the terms and conditions applicable to each such Contract between the Buyer and the Seller shall be those prevailing at the time of an order being placed by the Buyer.
2.3 Submission by the Buyer of an order for Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 No variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be permitted.
3 GOODS AND ORDERING
3.1 The GOODS offered are in the form of electronic files format that are downloadable onto computers or computer servers and accessible by using the Desktop Author Reader software program.
3.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason. It should be noted that an acknowledgement of order may also be issued which shall not be deemed to be acceptance of an order unless stated otherwise.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described within the website.
3.4 Certain security checks may also require to be carried out by the Seller, in which event any sale to a Buyer is subject to the Seller receiving satisfactory results (at its sole discretion) from such checks.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller's Website.
4.2 Payment of the Price must be made in full before dispatch of the Goods. Payment is to be made by any of the credit cards accepted by the Seller. All orders are subject to authorization of payment by the relevant card issuer prior to dispatch of the Goods (or, as the case may be, delivery of any Goods which consist of services).
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification or content of the Goods on the Website at its discretion and without notice.
5.2 The Seller reserves the right to withdraw any Goods from the Website at any time without notice.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to accept an order.
5.4 The Goods are all proprietary property of Learning & Development Center and/or its affiliates. You may not reprint or distribute any of our Goods without permission for any use other than as described in the Terms and Conditions contained in this document.
5.5 The Buyer agrees to only Download, or cause to be Downloaded, the number of copies not to exceed the number of copies purchased by the Buyer. The Buyer agrees that in the case of using the Goods in a training workshop or other group training event, that each participant is provided an "original downloaded" copy of the Goods. No photocopies are allowed.
5.6 Apart from Terms and Conditions set forth in this document, no part of the Goods may be reproduced, stored in a retrieval system, or transmitted in any form or by any means presently known or to be invented, including electronic, mechanical, photocopying, recording, or otherwise, without the prior and express written permission of the publisher, except for the brief inclusion of quotation in a review.
5.7 Reprinting without our expressed permission is considered intellectual property theft. We are protected by "The Digital Millennium Copyright Act" http://www.copyright.gov/legislation/dmca.pdf and will aggressively pursue violators of our expressed policies.
5.8 Where applicable, all of Learning & Development Center materials on this site are registered at the Copyright Office of the US Library of Congress and as such, any unauthorized uses are subject to statutory damages of up to $150,000.
5.9 We also use the services of digital tracking companies who spider the web to detect unauthorized use(s) of our work(s) (even altered) and automatically generate Digital Millennium Act notices to the infringers.
6 AGE OF CONSENT
6.1 Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
6.2 If the Seller discovers or is of the opinion (as to which the Seller shall have sole discretion) that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
7.1 The Seller cannot describe every detail of the Goods in the Website and each description is therefore subject to abbreviation. The Seller reserves the right to alter the specification, description, or contents of Goods on the Website without notice.
7.2 Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded. Any recommendation or suggestion relating to any of the Goods and made by the Seller is given in good faith. but it is for the Buyer to satisfy themselves as to the suitability of the Goods for the Buyer's purposes.
7.3 The Goods may consist of goods and/or services to be delivered online. In such circumstances, the Seller shall have no liability for any temporary unavailability of such Goods due to any failure of the Website, any telecommunications system and/or the world wide web in general, including any downtime of the Website due to planned or emergency maintenance.
8.1 The Seller shall use its reasonable endeavors to meet any date agreed for delivery. Notwithstanding the foregoing, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
8.2 In some cases delivery of the Goods shall be made to an IP or email address specified by the Buyer in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery by accessing such IP or email address.
9 CANCELLATION AND RETURNS
9.1 Once the Buyer downloads the Goods from the Site, the Goods can not be cancelled or returned. Buyers must take it upon themselves to review, evaluate, and make a final decision prior to downloading the Goods. It is the sole responsibility of the Buyer to satisfy themselves as to the suitability of the Goods for the Buyer's purposes.
10 LIMITATION OF LIABILITY
10.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever suffered by the Buyer.
11.1 No waiver or delay by the Seller (whether expressed or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future.
12 FORCE MAJEURE
12.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or equipment or shortage or unavailability of Goods for any source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. The Seller shall endeavor to notify the Buyer as soon as possible should any such events or circumstances occur.
13.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
14 CHANGES TO TERMS AND CONDITIONS
14.1 The Seller shall be entitled to change these Terms and Conditions at any time without notice.
15 GOVERNING LAW AND JURISDICTION
15.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of United States of America, State of Texas.
II. Noticeboard Terms And Conditions Of Use
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of www.learninganddevelopmentcenter.com ("the Website") and the services outlined in Clause 2, are subject to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. We would refer you to our Privacy Statement in relation to our use of any personal data provided by you.
4 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you may be required to complete the registration process by providing certain information and being assigned a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's, company's, or organization's account at any time, without the express permission of the account holder.
5 ACCEPTABLE USE
5.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse any Content originating from any third party and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
5.2 In using the Website/Services you agree not to:
5.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise (the fact that a third party participates in certain of the Services should not be taken as implying that they request information to be emailed to them);
5.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
5.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
5.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
5.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
5.2.6 make available or upload files that contain a virus, worm, Trojan horse or corrupt data that may damage the operation of the computer or property of another;
5.2.7 collect or store, for any purpose, personal information about others;
5.2.8 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;
5.2.9 impersonate any person or entity for the purpose of misleading others (including the forging of headers or email addresses);
5.2.10 violate any applicable laws or regulations;
5.2.11 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;
5.2.12 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
5.2.13 attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
5.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
5.4 We reserve the right to report to the relevant authorities, including the police, any use of the Website and/or the Services which may constitute a criminal offence or other breach of law.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions.
We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
7 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
8 INTERNATIONAL USE
You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside and with all local laws and rules regarding acceptable use of and conduct on the Internet.
9 INTELLECTUAL PROPERTY RIGHTS
9.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
9.2 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting to us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.
You agree to indemnify and hold us and our employees and agents harmless from and against any liability arising from any breach by you of these Terms and Conditions and any claim or demand brought against us by any third party arising out of your use of the Website, the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of these Terms and Conditions.
11 DISCLAIMERS AND LIMITATION OF LIABILITY
11.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
11.2 To the extent permitted by law, we will not be liable for any loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
11.3 We make no warranty that the Website/Services will meet your requirements, that the Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else that may be harmful or destructive.
11.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Learning and Development Center for death or personal injury as a result of our negligence of or that of our employees or agents.
11.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America, State of Texas and you hereby submit to the exclusive jurisdiction of the such courts.
III. PRIVACY STATEMENT
1 www.learninganddevelopmentcenter.com is owned and operated by Learning & Development Center, 14110 Dallas Parkway, Suite 270, Dallas, Texas 75254-4379. Learning & Development Center is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the United States of America.
The purpose of the following statement is to explain to you what personal information we collect and how we may use it.
2 When you order, we need to know your name, address, telephone number, email address and applicable credit card information. This allows us to process and fulfill your order. You have the option to withhold personal information that is not required for the order process.
3 We use your personal information to update you about new products/services. Where indicated, we will only contact you with your consent.
4 We may from time to time exchange your personal information with any third party for commercial reasons. This is in addition to any transfer of data that is an essential requirement for credit card validation during purchase and for processing your payments. For this your credit card details will be passed to our internet payment gateway service provider, but will not be stored by Learning & Development Center.
5 We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorized access in accordance with applicable data protection legislation.
6 We do not collect sensitive information about you except when you specifically knowingly provide it.
7 We use a technology called "cookies" as part of a normal business procedure to track patterns of behavior of visitors to our site. A cookie is an element of data that our Website sends to your browser which is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
8 In order to process credit card transactions, the internet payment gateway service provider may require us to verify your personal details for authorization whether within or outside the United States of America.
9 In order to maintain the accuracy of our database, you can inquire about your personal details by sending us an email and we will send you a copy of the information we hold.
10 If you have any questions about privacy, or wish to update your details or have them removed from our mailing list at any time, please contact us.
IV. General Terms and Conditions
1 ACCEPTANCE OF TERMS
Your access to and use of www.learninganddevelopmentcenter.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
The contents of the Website do not constitute advice and should not be relied upon in making, or refraining from making, any decision.
3 CHANGES TO WEBSITE
Learning & Development Center reserves the right to:
3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Learning & Development Center shall not be liable to you for any such change or removal; and
3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
4 LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
5.1 All copyright, trade marks, database rights, and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Learning & Development Center or otherwise used by Learning & Development Center as permitted by law. You may not exploit, use, link to, frame or reproduce any copyright material, trade marks or other intellectual property rights without the prior written consent of Learning & Development Center or its licensors.
5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
6 DISCLAIMERS AND LIMITATION OF LIABILITY
6.1 The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Though Learning & Development Center takes all reasonable steps to ensure that the Website is free from so-called computer viruses, this cannot be guaranteed and you are responsible to check for such viruses before downloading on to your computer or server.
6.2 To the extent permitted by law, Learning & Development Center will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. Subject to Clause 6.4 below, under no circumstances shall Learning and Development Center's liability for any claims hereunder exceed the prices paid by you for any goods and services supplied via the Website.
6.3 Learning & Development Center makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
6.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Learning & Development Center for death or personal injury as a result of the negligence of Learning & Development Center or that of its employees or agents.
You agree to indemnify and hold Learning & Development Center and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Learning & Development Center arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website. Learning & Development Center shall be entitled to terminate your access to the Website or any part of it in its sole discretion including, without limiting its rights in any way, for over use or abuse.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
9 USE OF YOUR INFORMATION
You agree to the use of your information in accordance with the terms of our Privacy Statement.
10 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of the United States of America, State of Texas and you hereby submit to the exclusive jurisdiction.
Learning & Development Center
14110 Dallas Parkway, Suite 270
Dallas, Texas 75254-4379