Cart (0 items)

Legal

Terms & Conditions

Please read these Terms carefully before using GCPlearning.com's webinars and websites. By using our Services, you agree to be bound by them.

Last updated: Monday, February 01, 2010

1. Your Relationship with GCPlearning.com

1.1Your use of GCPlearning.com's webinars and web sites (referred to as the "Services") is subject to a legal agreement between you and GCPlearning.com. "GCPlearning.com" is an online training service arm of NetZealous LLC, located at NetZealous LLC, 161 Mission Falls Lane, Suite 216, Fremont, CA 94539, USA.

1.2Unless otherwise agreed in writing, your agreement includes the terms in this document, referred to as the "General Terms."

1.3Your agreement also includes terms of any Legal Notices applicable to the Services, called the "Additional Terms."

1.4The General Terms and Additional Terms form a binding agreement, collectively called the "Terms."

1.5If Additional Terms contradict General Terms, the Additional Terms take priority.

2. Accepting the Terms

2.1You must agree to the Terms to use the Services.

2.2You can accept the Terms by: (A) clicking to accept, where this option is made available; or (B) actually using the Services, which constitutes acceptance.

2.3You cannot use the Services if you lack the legal age to form a binding contract with GCPlearning.com, or are barred from using the Services under U.S. or other applicable law.

2.4You should print or save a local copy of the General Terms for your records.

3. Language of the Terms

3.1GCPlearning.com provides the Terms in English only and is not obliged to provide translations.

3.2Where a translation is provided, the English version takes precedence over any translated version in the event of a conflict.

4. Provision of the Services by GCPlearning.com

4.1GCPlearning.com's subsidiaries, offshore locations, and affiliated legal entities may provide the Services on behalf of GCPlearning.com.

4.2GCPlearning.com persistently innovates in order to provide the best possible experience; you acknowledge and agree that the form and nature of the Services may change without prior notice.

4.3As part of this continuing innovation, GCPlearning.com may stop (permanently or temporarily) providing the Services, or any features within the Services, without prior notice. You can stop using the Services at any time, without informing GCPlearning.com.

4.4If GCPlearning.com disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content contained in your account, though privacy norms will be adhered to.

4.5While GCPlearning.com currently does not have fixed upper limits on transmissions or storage relating to the Services, such limits may be set at GCPlearning.com's sole discretion at any time.

5. Use of the Services by You

5.1Registration for certain Services may require you to provide personal information; you agree to keep this information accurate and current.

5.2You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practice in the relevant jurisdiction.

5.3You agree not to access (or attempt to access) the Services by any means other than the interface provided by GCPlearning.com, unless you have been specifically permitted to do so under a separate written agreement. You specifically agree not to access (or attempt to access) the Services through automated means such as scripts or web crawlers.

5.4You agree not to engage in any activity that interferes with or disrupts the Services (or the servers and networks connected to the Services).

5.5Unless you have been specifically permitted to do so in a separate agreement, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose.

5.6You agree that you are solely responsible for (and that GCPlearning.com has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of any such breach.

6. Your Passwords and Account Security

6.1You are responsible for maintaining the confidentiality of any password associated with your use of the Services.

6.2Accordingly, you are solely responsible to GCPlearning.com for all activities that occur under your account.

6.3If you become aware of any unauthorized use of your password or account, you agree to notify GCPlearning.com immediately at the support email address provided on this site.

7. Privacy and Your Personal Information

7.1For information about GCPlearning.com's data protection practices, please read GCPlearning.com's privacy policy. This policy explains how GCPlearning.com treats your personal information and protects your privacy when you use the Services.

7.2You agree to the use of your data in accordance with GCPlearning.com's privacy policies.

8. Content in the Services

8.1You understand that all information (such as data files, written text, computer software, music, audio files, photographs, videos, or other images) which you may have access to as part of, or through your use of, the Services ("Content") is the sole responsibility of the person from whom such Content originated.

8.2Content may be protected by intellectual property rights which are owned by the providers who make Content available on the Services. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on Content, either in whole or in part, unless you have been specifically permitted to do so in writing by GCPlearning.com or the owners of that Content.

8.3GCPlearning.com reserves the right (but has no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service.

8.4You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable, and that you use the Services at your own risk.

8.5You agree that you are solely responsible for (and that GCPlearning.com has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services, and for the consequences of your actions.

9. Proprietary Rights

9.1You acknowledge and agree that GCPlearning.com owns all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services. The Services may contain confidential information that you agree not to disclose without GCPlearning.com's prior written consent.

9.2Unless otherwise agreed in writing with GCPlearning.com, nothing in the Terms gives you a right to use any of GCPlearning.com's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.

9.3If you have been given an explicit right to use any of these brand features in a separate written agreement, you agree that your use of such features will be in compliance with that agreement, any applicable provisions of the Terms, and GCPlearning.com's brand feature guidelines as updated from time to time.

9.4GCPlearning.com acknowledges and agrees that it obtains no right, title, or interest from you (or your licensors) under the Terms in or to any Content that you submit, post, transmit, or display on or through the Services, including any intellectual property rights which subsist in that Content, whether registered or not. Unless you have agreed otherwise in writing with GCPlearning.com, you agree that you are responsible for protecting and enforcing those rights.

9.5You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services.

9.6Unless you have been explicitly permitted to do so in writing by GCPlearning.com, you agree that you will not use any trademark, service mark, trade name, or logo of GCPlearning.com in any manner that is likely to cause confusion about the owner or authorized user of such marks, names, or logos.

10. License from GCPlearning.com

10.1You agree that you will not copy, modify, reverse engineer, decompile, or otherwise attempt to extract the source code of any webinars or files made available through the Services, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by GCPlearning.com in writing.

10.2Unless GCPlearning.com has given you separate, explicit, written permission, you agree that you will not assign (or grant a sub-license of) your rights, grant a security interest in your rights, or otherwise transfer any part of your rights under the Terms, transfer any of your user details, or transfer any part of the rights granted to you under these Terms.

10.3GCPlearning.com sends, or allows for the download of, free educational content — such as white papers, CDs, and emails — without an associated monetary transaction.

11. Software Updates

11.1The software that runs the Services may, from time to time, automatically download and install updates in order to improve, enhance, and further enrich the Services. You agree to receive such updates as part of your use of the Services.

12. Ending Your Relationship with GCPlearning.com

12.1The Terms will continue to apply until terminated by either you or GCPlearning.com, as set out below.

12.2If you want to terminate your legal agreement with GCPlearning.com, you may do so by notifying GCPlearning.com in writing at any time and, if necessary, closing your accounts for all of the Services you use.

12.3GCPlearning.com may terminate its legal agreement with you if: (A) you have breached any provision of the Terms; (B) GCPlearning.com is required to do so by law; (C) a partner with whom GCPlearning.com offered the Services to you has terminated its relationship with GCPlearning.com or ceased to offer the Services to you; or (D) GCPlearning.com is discontinuing the Services (or any part of them) to users in the country in which you are resident or from which you use the Service, or the provision of the Services to you by GCPlearning.com is, in GCPlearning.com's sole discretion, no longer commercially viable. Applicable refunds, if any, will follow GCPlearning.com's stated cancellation and refund policy.

12.4Nothing in this section shall affect GCPlearning.com's rights regarding provision of Services under Section 4 of the Terms.

12.5When these Terms come to an end, all of the legal rights, obligations, and liabilities that you and GCPlearning.com have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation.

13. Exclusion of Warranties

13.1Nothing in the Terms shall affect any statutory rights that you are at all times entitled to as a consumer under applicable law and that cannot be contractually altered or waived. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages; only the limitations which are lawful in your jurisdiction will apply to you, and GCPlearning.com's liability will be limited to the maximum extent permitted by law.

13.2You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided "AS IS" and "AS AVAILABLE."

13.3In particular, GCPlearning.com does not represent or warrant to you that: (A) your use of the Services will meet your requirements; (B) your use of the Services will be uninterrupted, timely, secure, or free from error; (C) any information obtained by you as a result of your use of the Services will be accurate or reliable; and (D) that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

13.4Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material.

13.5No advice or information, whether oral or written, obtained by you from GCPlearning.com shall create any warranty not expressly stated in the Terms.

13.6GCPlearning.com further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, without limitation, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

14.1GCPlearning.com shall not be liable to you for: (A) any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability, including but not limited to any loss of profit (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services; or (B) any loss or damage which may be incurred by you as a result of: reliance placed by you on the completeness, accuracy, or existence of any advertising; any changes which GCPlearning.com may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of the Services; your failure to provide GCPlearning.com with accurate account information; or your failure to keep your password or account details secure and confidential.

14.2The limitations on GCPlearning.com's liability to you above shall apply whether or not GCPlearning.com has been advised of or should have been aware of the possibility of any such losses arising.

15. Copyright and Trade Mark Policies

15.1It is GCPlearning.com's policy to respond to notices of alleged copyright infringement that comply with applicable law, and to appropriately terminate the accounts of repeat infringers.

15.2GCPlearning.com operates a policy in relation to trademark complaints. Documents and other content made available through the Services may be protected by the copyright laws of the United States and other countries, and reproduction of such content requires the prior written permission of GCPlearning.com or the applicable rights holder.

16. Advertisements

16.1Some of the Services are supported by advertising revenue and may display advertisements and promotions targeted to you.

16.2The manner, mode, and extent of advertising by GCPlearning.com on the Services are subject to change without specific notice to you.

16.3In consideration for GCPlearning.com granting you access to and use of the Services, you agree that GCPlearning.com may place such advertising on the Services.

17. Other Content

17.1The Services may include hyperlinks to other websites or content or resources that are provided and maintained by third parties and are not under GCPlearning.com's control.

17.2GCPlearning.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such websites or resources.

17.3You acknowledge and agree that GCPlearning.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on, or available from, such websites or resources.

17.4GCPlearning.com creates such hyperlinks purely for informational purposes, where GCPlearning.com believes that the linked site provides useful information to the user.

17.5The existence of a hyperlink does not constitute endorsement by GCPlearning.com of the linked site, its products, sponsors, or the views expressed on that site.

17.6GCPlearning.com reserves the right to remove or replace any hyperlink at any time without notice, and is not responsible for content on any linked external site.

18. Changes to the Terms

18.1GCPlearning.com may make changes to the General Terms or Additional Terms from time to time. When these changes are made, GCPlearning.com will make a new copy of the General Terms available on this website, and any new Additional Terms will be made available to you from within, or in connection with, the relevant Services. You should review this page periodically before using new content on the Services.

18.2You understand and agree that if you use the Services after the date on which the General Terms or Additional Terms have changed, GCPlearning.com will treat your use as acceptance of the updated General Terms or Additional Terms.

19. General Legal Terms

19.1Sometimes when you use the Services, you may use a service, download software, or purchase goods provided by another person or company. Your use of these other products or downloads may be subject to separate terms between you and the applicable third party.

19.2The Terms constitute the whole legal agreement between you and GCPlearning.com and govern your use of the Services, and completely replace any prior agreements between you and GCPlearning.com in relation to the Services.

19.3You agree that if GCPlearning.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which GCPlearning.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of GCPlearning.com's rights, and that those rights or remedies will still be available to GCPlearning.com.

19.4If any court of law, having jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

19.6Group companies of GCPlearning.com are intended to be third-party beneficiaries of the Terms and are entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third-party beneficiaries to the Terms.

20. Governing Law and Jurisdiction

The Terms are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict of law provisions. You and GCPlearning.com agree to submit to the exclusive jurisdiction of the courts located within Delaware to resolve any legal matter arising from the Terms — notwithstanding this, you agree that GCPlearning.com shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Last updated: Monday, February 01, 2010. GCPlearning.com is an online training service arm of NetZealous LLC.