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TERMS
OF USE
Welcome to the Web Learning Network -
(the "Service" or "Services").
By
using the Services, you agree to follow and be bound by the following
terms of use and export restrictions (collectively, the "Terms
of Use") and any revisions WLN may make to the Terms of Use. You
can find the most
current version of these Terms of Use at http://www.weblearningnetwork.com/terms
(the "Site").
1.
Description of Services
The WLN Learning Network-Professional Subscription is a 100% web-mediated
learning environment, supported by WLN's e-Learning program. The WLN
Learning Network - Professional Subscription provides users with a range
of Services, currently including access to live eClasses, chats, forums,
and the ability to download recorded eClasses and eStudy (CBT).
The WLN Learning Network - Professional Subscription Site contains a
free access area where interested individuals can sample the curriculum
and offerings. If you are interested in accessing the free access areas
of the Site only, please click on the "Free Access Area - Terms
of Use" button.
Full access to the WLN Learning Network - Professional Subscription
Site and Services requires both the purchase of an annual subscription
under the terms outlined below, and your agreement to comply with these
Terms of Use.
Any new features that augment or enhance the current Site and Services
will also be subject to these Terms of Use. You understand and agree
that the Site and Services are provided "AS-IS" and that WLN
assumes no responsibility or liability for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings.
In order to use the Site and Services, you must obtain access to the
World Wide Web, either directly or through devices that access web-based
content, and pay any service fees associated with such access, including
any carrier
fees. In addition, you must provide all equipment necessary to make
suc connection to the World Wide Web, including a computer and modem
and/or a wireless access device. Your usage rights to the Services (including
your
subscription account and password) may not be transferred to another
entity.
2. Eligibility
The WLN Learning Network-Professional Subscription is available only
to individuals with an email address who can enter into legally binding
contracts under applicable law for legitimate business purposes as further
limited below. If you do not qualify under the foregoing, you may not
enter into these Terms of Use for the WLN Learning Network - Professional
Subscription.
3. Registration
To open an WLN Learning Network subscription account, giving you unlimited
access to the Site and Services, you must do the following:
1. complete the WLN registration form at http://www.@weblearningnetwork.com/default2.htm
2. select a subscription account to the WLN Learning Network-Professional
Subscription;
3. Accept these Terms of Use; and Complete credit card payment information
required by CyberCashQuakeNet (or arrange for alternative payment arrangements
directly with an WLN Education sales representative.
Once this subscription account registration process is concluded, you
will receive an email containing your WLN Learning Network - Professional
Subscription account information. The subscription start date will be
the date on which your WLN Learning Network account was created -Professional
Subscription.
To register for an WLN Learning Network - Professional Subscription
subscription account, you agree to provide WLN with truthful, accurate,
and complete contact and billing information, including your legal name,
street address, email address, and telephone number, and to update this
information within thirty (30) days of any change. If the contact information
you have provided is false or fraudulent, WLN reserves the right to
terminate your access to the Service.
You also agree to pay WLN an annual subscription fee for use of the
Services, by either authorising online payment via credit card through
QuakeNet, or by working through an WLN Education Sales Representative
who will provide for an invoice to be forwarded to you, as specified
during the registration process. The then-current fees for use of the
Services are as posted on the WLN Learning Network Professional Subscription
Site and are incorporated herein by reference. Unless otherwise stated,
all fees are quoted in UK Pounds Sterling.
If you elect to subscribe on-line, the Services fees shall be charged
automatically to your credit card by CyberCashQuakeNet during the registration
process. Your annual subscription to the WLN Learning
Network will be automatically renewed and charged to your credit card
on an annual basis, unless you elect to terminate your subscription,
or it is otherwise terminated pursuant to these Terms of Use.
If you elect to pay for your subscription through contacting an WLN
Education sales representative, WLN may bill your subscription through
an invoice; all fees so invoiced shall be due and payable net 30 days
from date of invoice.
Upon
payment, the fees paid for access to the Site and Services are noncancellable
and nonrefundable. In addition, you are responsible for paying any applicable
taxes and costs you incur to use the Service. WLN may, in its sole discretion,
add, delete, or change some or all of the Services or their functionality,
or change the applicable fees for using the Services at any time.
Your WLN Learning Network - Professional Subscription subscription account
will be considered delinquent if your credit card company refuses for
any reason to pay the amount billed to it within thirty (30) days, or
if an invoice submitted to you by WLN (as discussed below) for the Services
remains unpaid for the same period of time. Your ability to access the
Services may be suspended f your account is delinquent.
If you believe WLN has billed you incorrectly, you must contact WLN
no later than sixty (60) days after the closing date on the first billing
statement in which the error or problem appeared, in order to receive
an adjustment or credit. Inquiries should be directed to the WLN Learning
NetworProfessional Subscription at
4.
Content
The web site associated with the Service (the "Site") contains
or may contain in future information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials (collectively,
"Content") that are protected by copyrights, trademarks, trade
secrets or other proprietary rights. Except as expressly authorized
by WLN or advertisers, sponsors or other third parties owning such Content,
you agree not to copy, distribute, modify, duplicate, publish, transmit,
participate in the transfer or sale of, create derivative works from,
or in any way
exploit any of the Content, in whole or in part.
Please
keep in mind that the WLN Learning Network Professional Subscription
provides access to Content from various third parties and as such is
not responsible for any opinions, advice, statements, services or other
information posted on the Site that originates from any third party,
including users. WLN does not guarantee the accuracy, quality or usefulness
of any Content or any services provided by third parties. You understand
that by using the Site and the Service, you may be exposed to Content
and services that may be offensive, indecent or objectionable. You agree
that you must evaluate and bear all risks associated with the use of
any Content and services, including any reliance on the accuracy, quality
or usefulness of such Content.
5.
On-line Conduct
You agree to use the Service and the Site only for lawful purposes.
You agree not to create any Content or otherwise transmit any information
or material that: (a) is false or misleading; (b) is harassing or invades
another's privacy, harms minors in any way, or promotes bigotry, racism,
hatred or harm against any group; (c) is obscene; (d) infringes
another's rights, including but not limited to intellectual property
rights; or (e) constitutes spam. WLN reserves the right to terminate
the subscription account of any subscriber who violates these terms.
You
understand that all Content, whether publicly posted or privately transmitted,
is the sole responsibility of the person from whom such Content originated.
This means that you, and not WLN, are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service ("Subscriber
Content"). You may choose to upload Subscriber Content to areas
of the Site which are accessible to other subscribers (such as chat
rooms, etc.) ("Public Areas"). If you choose to upload Subscriber
Content to any Public Areas of the Site, you automatically grant (or
warrant that the owner of such rights has expressly granted) WLN a perpetual,
royalty-free, irrevocable, nonexclusive right and license to use, reproduce,
modify, adapt, publish, transmit and distribute such Subscriber Content,
in whole or in part, in any form, media or technology now known or later
developed. In addition, you warrant that all so-called moral rights
in the Subscriber Content uploaded to the Public Areas have been waived.
Subscriber Content entered into non-Public Areas of the Site is securely
protected as described in the Privacy Policy available from the Site.
Although WLN does not pre-screen Content of its WLN Learning Network
Professional Subscription Subscribers, WLN does retain the right (but
not the obligation) to delete or remove any Content that is available
on the Public Areas of the Site, including Subscriber Content.
You
agree that WLN, in its sole discretion, may at any time: (a) remove
any Content or Subscriber Content, information or material from the
Site; or (b) make changes to or discontinue any and all aspects of the
Site.
WLN will investigate complaints that are brought to its attention concerning
inappropriate use of the Site.
6. No Collection of Data
Except where expressly authorized by WLN, you agree not to collect or
store personal data about other users.
7.
Passwords and Security
You are responsible for maintaining the confidentiality of the password
you are given to access the Service and the Site, and are fully responsible
for maintaining the confidentiality of your password and account. Furthermore,
you are entirely responsible for all activities that occur under your
password and account. You need to notify WLN immediately of any unauthorized
use of your password at sales@weblearningnetwork.com and you need to
exit your account immediately after you use the Service. WLN cannot
and will not be responsible for any loss or damage arising from your
failure to comply with these requirements.
8.
Termination of Account
These Terms of Use constitute an annual agreement, automatically renewable
unless either party requests change or termination. Either party may
terminate these Terms of Use by notifying the other party thirty (30)
days
in advance of the termination date. You may terminate your account or
request changes to your account online or by contacting WLN at sales@weblearningnetwork.com
9.
International Use
You agree to comply with all local rules and regulations regarding online
conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported
from
the United States or the country in which you reside and you agree that
U.K. export control laws and other applicable export and import laws
govern your use of the Site and the Service, including technical data.
You agree that neither the Site nor the Service nor any direct product
thereof will be exported, directly, or indirectly, in violation of these
laws, or will be used for any purpose prohibited by these laws including,
without limitation, nuclear, chemical, or biological weapons proliferation.
10. Disclaimer
THE SERVICE, THE SITE, AND ALL CONTENT ON THE SITE, ARE PROVIDED ON
AN "AS" BASIS. WLN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
WLN MAKES NO WARRANTY THAT (i) THE SERVICE AND SITE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE AND SITE WILL BE AVAILABLE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE AND SITE WILL BE ACCURATE OR RELIABLE, AND
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE AND SITE WILL MEET
YOUR
EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SITE DONE AT YOUR OWN DISCRETION AND RISK, AND WLN SHALL HAVE NO RESPONSIBILITY
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.
Limitation of Liability
IN NO EVENT SHALL WLN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL
OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA
OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION INNTRACT
OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
12.
Indemnity
You shall defend, indemnify and hold harmless WLN, its officers, directors,
employees and agents from and against any and all claims, liabilities,
damages, losses or expenses, including reasonable attorneys' fees and
costs, arising out of or in any way connected with your access to or
use of the Service or the Site.
13.
Links to Web Sites
Through the Site, you may be exposed to hyperlinks to Web sites controlled
by parties other than WLN. WLN is not responsible for and does not endorse
or accept any responsibility over the content or use of these Web sites.
You should refer to the policies posted by other Web sites regarding
privacy and other topics before you use them.
14.
Privacy Policy
WLN is concerned about your privacy and has developed a policy to address
privacy concerns. You can find the current privacy policy at the Site.
15.
Applicable Laws/Miscellaneous
All matters relating to your access to, or use of, this online community
shall be governed by U.K. federal law or the laws of the State of California.
Any legal action or proceeding relating to your access to, or use of,
the Service shall be instituted in a court in England &Wales. You
and WLN agree to submit to the jurisdiction of, and agree that venue
is proper in, these courts in any such legal action or proceeding. You
agree to comply with all applicable laws, statutes, ordinances, and
regulations regarding your use of the Site and the Service. WLN may
immediately issue a warning or deny, suspend, or terminate your use
of the Service if you are ineligible, if you breach these Terms of Use,
if WLN is unable to verify or authenticate any information you provide
to WLN, or if otherwise in WLN's sole discretion. WLN's failure to act
with respect to a breach by you or others does not waive WLN's right
to act with respect to subsequent or similar breaches or any of its
rights under these Terms of Use. You and WLN are independent contractors,
and no agency, partnership, joint venture, employee-employer, or franchisor-franchisee
relationship is intended or created by these Terms of Use.
16.
Copyright/Trademark Information
Copyright © 2000, WLN LTD. All rights reserved.
WLN is a registered trademark of WLN Ltd. Other names appearing on the
Site may be trademarks of their respective owners.
17.
Contact Information
If you have any questions regarding these Terms of Use or Service, please
contact the WLN Learning Network- Professional Subscription via email
at sales@weblearningnetwork.com
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