844-206-0616

Terms of Use

Last Revised: August 18, 2014

1. INTRODUCTION AND ACCEPTANCE (A) These Terms of Use, together with our Privacy Policy (and any Additional Terms provided pursuant to Section 13) govern your use of websites (“Website”), mobile widgets, course offerings, services, or other applications or offerings (together, “Services”) made available by InsightsCentral, Inc. (“InsightsCentral”, "we”, “us and “our") at or through our entry-level URL www.insightscentral.com and all other locations on which we place these Terms of Use.

(B) PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 13 BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.

(C) IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY, OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS OF USE.

2. PERMISSION TO USE SERVICES AND RELATED CONTENT.  In certain instances, we may permit you to download or print content or both.  For example, we may permit you to download a copy of certain course materials including your course notebook, thought starters, case materials, forum discussions, glossary, templates and other documents relating to the course you are taking.  In such a case, you may download or print (as applicable) one copy of such content for your personal, non-commercial use only. Without limiting the generality of the foregoing, this means that you cannot reproduce and distribute all or part of your course materials by any means including by forwarding them to your co-workers or others without our written permission, even if you employer is paying for you to take the course. You acknowledge that you do not acquire any ownership rights by downloading or printing such content. You are not permitted to modify content or remove any of our copyright notices or other proprietary rights notices from our content.   

3. ABILITY TO ACCEPT TERMS OF USE; WEBSITE NOT FOR CHILDREN (A) You affirm that you are 18 years of age or older or possess legal parental or guardian consent, and are competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use.

(B) Our Website is not directed at children.  If you are under the age of 13, you are prohibited from submitting personal information to us. For more information about children, see Section 9 of our Privacy Policy. 

4. REGISTRATION (A) Although you do not have to become a registered user to view parts of our Website, you must become a registered user to access some of our Services. For example, you must register to take a course, post a comment, or to participate in any of our forums. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information.

(B) You accept that it is your sole responsibility to maintain the confidentiality of your user id and password and that you are responsible for all activity that occurs under them.  You agree to notify us immediately of any unauthorized use (or attempted unauthorized use) of your log in information as soon as you become aware of it.

5. INTELLECTUAL PROPERTY.  The intellectual property rights in our Services including, without limitation, any content or materials that may be made available to you through our Services are owned by us, our licensors, or both.  Additionally, all trademarks, service marks, trade names and trade dress that may be used in connection with our Services are owned by us, our licensors, or both.  Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any of our content or materials that may be made available to you through the same. Any rights not expressly granted in these Terms of Use are expressly reserved.  

6. RULES FOR ONLINE CONDUCT (A) Compliance with Laws. When using our Services, you agree to comply with all applicable international, federal, state, and local laws including, without limitation, copyright law

(B) Prohibited Conduct. You may not: 

(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on materials that we may provide or make available through our Services;

(ii) circumvent, disable or otherwise interfere with security-related features of our website including, without limitation, any features that prevent or restrict use or copying of any content; 

(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape” our website for any purpose without our express written permission.  Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy content from publicly accessible portions of our website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of content that is available to the public.  We reserve the right to revoke this permission (generally or specifically) at any time; 

(iv) collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;  

(v) interfere (or attempt to interfere) with the proper working of our Services;

(vi) use network-monitoring software to determine the architecture of or extract usage data from our Services;

(vii) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;

(viii) reverse engineer, decompile, copy, duplicate or translate into any language any software used in connection with our Services;

(ix) reproduce, sell, resell, or exploit for any commercial purposes, any portion of our Services, without our express written consent; or

(x) engage in any conduct that, in our sole discretion restricts or inhibits any other user from using or enjoying our website or Website. 

(C) Cooperation. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

7. USER CONTENT (A) License. We may now or in the future permit users to post, upload, submit, or otherwise make content available on or through our Services (collectively “Submit”)  including, without limitation, information, text, materials, photos, graphics, comments, sounds, music, videos and other materials (collectively, “User Content”). When you Submit User Content it becomes public content and may be available to anyone who visits uses our Services. By Submitting User Content, you automatically grant to us and our affiliated companies, vendors, and partners a worldwide, royalty-free, revocable, non-exclusive, fully sub-licensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content (in whole or in part) in connection with the Services in accordance with the functionality of the Services and in accordance with the purpose for which it was provided . This license shall apply to the distribution and storage of your User Content in any form, medium, or technology now known or later developed as necessary for us to provide the Services as they now exist or are developed in the future.  

(B) Removing User Content from Course Forums.  If you sign up to take one of our courses, each course will have its own forum for class members to interact with each other.  User Content posted in any such forum will be removed a reasonable time after conclusion of the course. If you have a question about removing your User Content that you uploaded in connection with a course, please contact us at: ask@insightscentral.com.

(C) Usage Limits.  You acknowledge that InsightsCentral may establish general practices and limits concerning use of our Services including, without limitation, the number of days that User Content (as defined in Section 7(A) will be retained, the size of any message that may be posted, the storage space that will be allotted on our Website on your behalf and the amount of time or the number of times which you may access our Services. You agree that InsightsCentral has no responsibility or liability for the deletion or failure to store any content.

(D) No Obligation to Monitor. InsightsCentral may or may not review your User Content prior to it being posted through our Services.  We have the right, but not the obligation, to monitor User Content.  We have the right in our sole discretion, and for any reason, to edit, refuse to post, remove, or disable access to any User Content.   

(E) Rights in User Content. As between InsightsCentral and you, you own your User Content (including any related intellectual property rights).  Although you have granted a license to InsightsCentral to use your User Content, InsightsCentral does not own it.  We do not guarantee confidentiality with respect to User Content that you provide even if it is not posted through your use of our Services.  It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and InsightsCentral does not accept any responsibility for doing the same. 

(F) User Content Representations and Warranties. You represent that you own your User Content and that you have the right to submit it (or, if you do not own your User Content, that you have permission to submit it) for the uses contemplated by these Terms of Use.  You assume all risks associated with User Content that you provide, including anyone’s reliance on its quality, accuracy or reliability, or any disclosure by you of information in User Content that enables readers to recognize you.

(G) PROHIBITED CONTENT. You represent, warrant, and covenant that you will not submit any User Content that:

  1. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

  2. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, harassing, profane, pornographic, or otherwise objectionable or inappropriate;

  3. is harmful to minors;

  4. is advertising or promotional materials, a request for funds, junk mail, spam, chain letter, pyramid scheme, or any other form of solicitation.

  5. includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;

  6. contains a formula, instruction, or advice that could cause harm or injury; or

  7. is a chain letter of any kind.  

8. FEES (A) Fees and Payment Methods.  We may offer certain portions of our Services at no charge (e.g., Websites) and others (e.g., training courses) for a one-time fee, on a subscription basis or under any other lawful pricing structure.  InsightsCentral accepts the following types of payment methods: company check or PayPal.  PayPal will be charged at the time of purchase. 

(B) Taxes.  You agree to pay all applicable fees as they come due including, without limitation, any applicable taxes that we do not collect on your behalf.

(C) Refund Policy.  InsightsCentral’s refund policy is set forth in the table below.  To request a refund, please contact us at: ask@insightscentral.com.

TIMELINE / REASON

Amount Refunded

If InsightsCentral is unable to provide the course

100% refunded

Student withdraws 10 or more weeks before the course commences

100% refunded

Student withdraws 4 - 10 weeks before the course commences

InsightsCentral will retain 30% of the full fee

Student withdraws 1 day – 4 weeks before the course commences

InsightsCentral will retain 50% of the full fee

If the student withdraws the day of or during the course

InsightsCentral will retain 100% of the full fee

If the student is unsatisfied with the course

We want all students to be completely satisfied, and so will provide a 100% refund if this is not the case.  Simply send an email to ask@insightscentral.com with the reasons for your dissatisfaction and request a refund.

 

(D) Modification of Fees. We reserve the right to modify our fees at any time for any reason upon notice to you.  From time to time we may add or modify certain offerings or services and we reserve the right to charge you additional or different fees in consideration for providing such new or modified services to you. 

9. TERMINATION (A) We reserve the right in our sole discretion and at any time suspend your account or block your access to our Services for any reason including if we reasonably believe that you have violated the letter or spirit of these Terms of Use.  You agree that we shall not be liable to you or any third party for any suspension of your account or for blocking your access to our Services. 

(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use.  The provisions of these Terms of Use which by their nature should survive the suspension or termination of your account or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, disclaimers, limitations on liability, provisions related to intellectual property ownership, and all of the miscellaneous provisions in Section 16.

10. DISCLAIMERS (A) OUR SERVICES INCLUDING ANY CONTENT OR MATERIALS MADE AVAILABLE THROUGH THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE DO NOT WARRANT THAT OUR WEBSITE WILL BE AVAILABLE AT ALL TIMES, SAFE, SECURE, OR ERROR FREE. 

(B) TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INSIGHTSCENTRAL, ITS PARENT COMPANY, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES, AND BUSINESS PARTNERS AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES (COLLECTIVELY, THE “INSIGHTSCENTRAL ENTITIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF OUR SERVICES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. NOTWITHSTANDING THE FORGOEING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT AN INSIGHTSCENTRAL ENTITY.

(C) INSIGHTSCENTRAL IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES OR USER CONTENT, AND YOU RELEASE THE INSIGHTSCENTRAL ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 

11.LIMITATION OF LIABILITY (A) To the maximum extent permitted by law,  none of the InsightsCentral Entities will be liable for indirect, incidental, special, consequential (including lost profits) or exemplary damages, arising out of, relating to, or in any way connected with InsightsCentral, the Services, any products and services made available through the website, or these Terms of Use.  This limitation on liability applies even if InsightsCentral has been made aware of the possibility of such damages. Your sole and exclusive right and remedy in case of dissatisfaction with our Services discontinue your use of or access and use of the Services.

(B) In no event shall the cumulative liability of the InsightsCentral Entities exceed the greater of (1) the amount that you have paid to InsightsCentral for products or services that gave rise to your claim; or (2) $500.00.  Furthermore, you agree that any cause of action arising out of, relating to, or in any way connected with any access or use of the website, any products and services made available through the website, or these Terms of Use must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.

(C) In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law. 

12. INDEMNIFICATION.  You agree to indemnify and hold harmless the InsightsCentral Entities from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with:  (i) your access to or use of our Services; (ii) User Content provided by you or through use of your account; (iii) a violation or breach by you of these Terms of Use; or (iv) your negligent acts or omissions.  You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.   

13. MODIFICATION; ADDITIONAL TERMS (A)We reserve the right at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use.  In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of the website generally, unique parts of the site, or both (“Additional Terms”).  Any Additional Terms that we may provide to you will be effective upon notice and incorporated by reference into these Terms of Use.  To the extent any Additional Terms directly conflict with these Terms of Use, the Additional Terms will control. 

(B) Subject to the next paragraph, modifications to these Terms of Use will be effective immediately upon notice to you, either by posting on the Website, notification by email, or through any of our applications. Your access and use of the Services after the effective date of any modification of these Terms of Use will signify your assent to and acceptance of the same.  If you object to any subsequent revision to these Terms of Use, immediately discontinue use of the site. All counteroffers to these Terms of Use (or amendments to the same) are categorically rejected.

(C) If a dispute arises out of or relates to our Services or these Terms of Use including, without limitation, any Additional Terms or their breach (the “Dispute”), the parties agree that the Terms of Use in effect at the time the dispute arose shall apply to the Dispute, including any amendments to the Terms of Use posted prior to the dispute arising.  No amendments to the Terms of Use shall apply to any Dispute as to which we had notice prior to posting the amendment.

14. COPYRIGHT POLICY (A) InsightsCentral respects the intellectual property rights of others and expects its users to do the same.  In appropriate circumstances and at our sole discretion, we may terminate and/or disable the account of persons who we suspect are committing copyright infringement.  Additionally, we may remove or disable access to material on any of our websites or hosted on our systems that we believe, in our sole discretion, may be infringing or the subject of infringing activity.

(B)In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to our designated agent:

Name: ATTN: Carol Shea, President Designated Agent for Copyright Infringement InsightsCentral, Inc.

Address:  3588 Outlook Avenue Cincinnati, Ohio 45208

Telephone Number: (513) 321-1261           

Email: ask@insightscentral.com

(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our designated agent with a written notice that includes substantially the following: 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on our website are to be covered in your notification, a representative list of such works on our website.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

15. THIRD PARTY CONTENT AND LINKS (A) Our Services may contain third-party content including, without limitation, content posted in forums by our users.  This content may include opinions and expressions of our users on a diverse range of topics. Such third-party content represents the opinions and judgments of the third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement that may be made in such third-party content and expressly disclaim any warranties with respect to the same

(B) We may provide links to other websites maintained by third parties.  We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites.  You assume sole responsibility for your use of third-party links.  We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

16. MISCELLANEOUS (A) No Waiver; Section Headings; Severability. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any provision of these Terms of Use is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

(B) Entire Agreement. These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.

(C) Assignment. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.  Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect.  We may assign these Terms of Use or any rights hereunder without your consent and without notice.

(D) Communications. You consent to receive communications from us electronically.  You agree that we have the right to communicate with you by email or by posting notices on this website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

(E) No Third-Party Beneficiaries. Neither your use of our Services nor these Terms of Use will create any right or cause of action for any third party, nor will InsightsCentral be responsible for any third party claims against you.

(F) Choice of Law. These Terms of Use shall be construed in accordance with the laws of the State of Ohio without regard to its conflict of laws rules.  Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our website, the Website, or these Terms of Use shall be brought exclusively in the state and federal courts located in Cincinnati, Ohio and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.