Last Revised: August 18, 2014
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.
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.
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.
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: email@example.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.
(G) PROHIBITED CONTENT. You represent, warrant, and covenant that you will not submit any User Content that:
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;
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;
is harmful to minors;
is advertising or promotional materials, a request for funds, junk mail, spam, chain letter, pyramid scheme, or any other form of solicitation.
includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
contains a formula, instruction, or advice that could cause harm or injury; or
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: firstname.lastname@example.org.
TIMELINE / REASON
If InsightsCentral is unable to provide the course
Student withdraws 10 or more weeks before the course commences
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 email@example.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.
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.
(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.
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
(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.
(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.