The following terms and conditions govern all use of the
www.sectorlearning.com website and all content, services and
products available at or through the website (taken together, the Website). The
Website is owned and operated by Sector Learning Solutions (referred to as
“Sector”). The Website is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all other
operating rules, policies and procedures that may be published from time to time
on this Website by Sector (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the
Website. By
accessing or using any part of the Website, you agree to become bound by the
terms and conditions of this agreement. If you do not agree to all the terms and
conditions of this agreement, then you may not access the Website or use any
services. If these terms and conditions are considered an offer by Sector,
acceptance is expressly limited to these terms.
1. Responsibility of Contributors.
If you
comment on a blog or forum, post material to the Website, post links on the
Website, or otherwise make (or allow any third party to make) material available
by means of the Website (any such material, “Content”), you are entirely
responsible for the content of, and any harm resulting from, that Content. That
is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content available, you
represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark or trade
secret rights, of any third party;
- if your
employer has rights to intellectual property you create, you have either (i)
received permission from your employer to post or make available the Content,
including but not limited to any software, or (ii) secured from your employer a
waiver as to all rights in or to the Content;
- you have
fully complied with any third-party licenses relating to the Content, and have
done all things necessary to successfully pass through to end users any required
terms;
- the
Content does not contain or install any viruses, worms, malware, Trojan horses
or other harmful or destructive content;
- the
Content is not spam, and does not contain unethical or unwanted commercial
content designed to drive traffic to third party sites or boost the search
engine rankings of third party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as
spoofing);
- the
Content is not obscene, libellous or defamatory, hateful or racially or
ethnically objectionable, and does not violate the privacy or publicity rights
of any third party; and
- you have,
in the case of Content that includes computer code, accurately categorized
and/or described the type, nature, uses and effects of the materials, whether
requested to do so by Sector or otherwise.
By submitting Content to Sector for inclusion on our Website, you grant Sector a
world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt
and publish the Content solely for the purpose of displaying, distributing and
promoting. If you request that your Content be deleted, Sector will use
reasonable efforts to remove it from the Website, but you acknowledge that
caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Sector has the
right (though not the obligation) to, in Sector’s sole discretion (i) refuse or
remove any content that, in Sector’s reasonable opinion, violates any Sector
policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any reason, in
Sector’s sole discretion. Sector will have no obligation to provide a refund of
any amounts previously paid.
2. Responsibility of Website Visitors.
Sector has
not reviewed, and cannot review, all of the material, including computer
software, posted to the Website, blogs or forums, and cannot therefore be
responsible for that material’s content, use or effects. By operating the
Website, Sector does not represent or imply that it endorses the material there
posted, or that it believes such material to be accurate, useful or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and
your computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. The Website, blogs or forums may contain content that is
offensive, indecent, or otherwise objectionable, as well as content containing
technical inaccuracies, typographical mistakes, and other errors. The Website,
blogs or forums may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary rights, of
third parties, or the downloading, copying or use of which is subject to
additional terms and conditions, stated or unstated. Sector disclaims any
responsibility for any harm resulting from the use by visitors of the Website
and its blogs or forums, or from any downloading by those visitors of content
there posted.
3. Content Posted on Other Websites.
We have
not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which
www.sectorlearning.com links, and
that link to www.sectorlearning.com. Sector does not have any
control over those non-sectorlearning.com websites and webpages, and is not
responsible for their contents or their use. By linking to a
non-sectorlearning.com website or webpage, Sector does not represent or imply
that it endorses such website or webpage. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. Sector
disclaims any responsibility for any harm resulting from your use of non-Sector
websites and webpages.
4. Copyright Infringement and DMCA Policy.
As Sector
asks others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located on
or linked to by sectorlearning.com violates your copyright, you are encouraged
to notify Sector. Sector will respond to all such notices, including as required
or appropriate by removing the infringing material or disabling all links to the
infringing material. In the case of a visitor who may infringe or repeatedly
infringes the copyrights or other intellectual property rights of Sector or
others, Sector may, in its discretion, terminate or deny access to and use of
the Website.
5. Intellectual Property
This
Agreement does not transfer from Sector to you any Sector or third party
intellectual property, and all rights, title and interest in and to such property
will remain (as between the parties) solely with Sector. Sector,
sectorlearning.com, Sector Learning Solutions, and all other trademarks, service
marks, graphics and logos used in connection with sectorlearning.com, or the
Website are trademarks or registered trademarks of Sector or Sector’s licensors.
Other trademarks, service marks, graphics and logos used in connection with the
Website may be the trademarks of other third parties. Your use of the Website
grants you no right or license to reproduce or otherwise use any Sector or
third-party trademarks.
6. Changes.
Sector reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Sector may also, in the future, offer new services
and/or features through the Website (including, the release of new tools and
resources). Such new features and/or services shall be subject to the terms and
conditions of this Agreement.
7. Termination.
Sector may terminate your access to all or any part of the Website at
any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate this Agreement or your account (if you have one), you
may simply discontinue using the Website. Notwithstanding the foregoing, if you
have a Services account, such account can only be terminated by Sector if you
materially breach this Agreement and fail to cure such breach within thirty (30)
days from Sector’s notice to you thereof; provided that, Sector can terminate
the Website immediately as part of a general shut down of our service. All
provisions of this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
The Website is provided “as
is,” Sector and its suppliers and licensors hereby disclaim all warranties of
any kind, express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement. Neither
Sector nor its suppliers and licensors, makes any warranty that the Website will
be error free or that access thereto will be continuous or uninterrupted. You
understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
9. Limitation of Liability.
In no event will Sector, or
its suppliers or licensors, be liable with respect to any subject matter of this
agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages; (ii)
the cost of procurement or substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any amounts that
increase the fees paid by you to Sector under this agreement during the twelve
(12) month period prior to the date the cause of the action accrues. Sector
shall have no liability for any failure or delay due to matters beyond their
reasonable control. The foregoing shall not apply to the extent prohibited by
applicable law.
10. General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be
in strict accordance with the Sector Privacy Policy, with this Agreement and
with all applicable laws and regulations (including without limitation any local
laws or regulations in your country, state, city, or other governmental area,
regarding online conduct and acceptable content, and including all applicable
laws regarding the transmission of technical data exported from the United
States or the country in which you reside) and (ii) your use of the Website will
not infringe or misappropriate the intellectual property rights of any third
party.
11. Indemnification.
You agree
to indemnify and hold harmless Sector, its contractors, and its licensors, and
their respective directors, officers, employees and agents from and against any
and all claims and expenses, including attorneys’ fees, arising out of your use
of the Website, including but not limited to out of your violation this
Agreement.
12. Miscellaneous.
This Agreement constitutes the entire agreement between Sector and
you concerning the subject matter hereof, and they may only be modified by a
written amendment signed by an authorized executive of Sector, or by the posting
by Sector of a revised version. Except to the extent applicable law, if any,
provides otherwise, this Agreement, any access to or use of the Website will be
governed by the laws of the province of British Columbia, excluding its conflict
of law provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the provincial and federal courts located in
British Columbia and Canada.
The prevailing party in any action or proceeding to enforce this Agreement shall
be entitled to costs and attorneys’ fees. If any part of this Agreement is held
invalid or unenforceable, that part will be construed to reflect the parties’
original intent, and the remaining portions will remain in full force and
effect. A waiver by either party of any term or condition of this Agreement or
any breach thereof, in any one instance, will not waive such term or condition
or any subsequent breach thereof. You may assign your rights under this
Agreement to any party that consents to, and agrees to be bound by, its terms
and conditions; Sector may assign its rights under this Agreement without
condition. This Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.
These terms are based upon the WordPress Terms of Service, and are licensed
under Creative Commons
Share-Alike 1.0. This means that you are free to use and edit them for your
own purposes, even commercially, provided you release your new versions under