Terms of Service
The website of ET3, L.L.C. ("ExecuTrain") is comprised of various websites and web pages that are controlled, maintained, and operated by ExecuTrain and its affiliates and suppliers (hereinafter collectively referred to as the "ExecuTrain Website"). Use of the ExecuTrain Website is offered to you conditioned on your complete acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ExecuTrain Website constitutes your acceptance of and agreement to all such terms, conditions, and notices.
Your use of a particular section or area included within the ExecuTrain Website may also be subject to additional terms outlined elsewhere in this agreement ("Additional Terms"). In the event that any of the terms, conditions, or notices contained herein conflict with the Additional Terms, these terms shall control.
Use of Website
You may use the ExecuTrain Website for your personal, non-commercial use only, in accordance with the terms and conditions of this agreement; however, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ExecuTrain Website for any purpose without the express written permission of ExecuTrain.
AS A CONDITION OF YOUR USE OF THE EXECUTRAIN WEBSITE, YOU AGREE NOT TO USE THE EXECUTRAIN WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THE TERMS, CONDITIONS, AND NOTICES OF THIS AGREEMENT.
You may not use the ExecuTrain Website in any manner that could damage, disable, overburden, or impair the ExecuTrain Website (or the networks connected to the ExecuTrain Website) or interfere with any other party’s use and enjoyment of the ExecuTrain Website. You may not attempt to gain unauthorized access to any ExecuTrain Website, other accounts, computer systems or networks connected to any ExecuTrain Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the ExecuTrain Website.
User Information Areas
The ExecuTrain Website may contain bulletin boards, message boards, chat areas, news groups, forums or other means of communication designed to enable you to communicate with other users ("User Information Areas"). You agree that you will use the User Information Areas only to post, send and receive content, messages or materials that do not violate the terms and conditions of this agreement. You agree that you will not use the User Information Areas or the ExecuTrain Website: (1) in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages; (2) to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (3) to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (4) in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; (5) to upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another; (6) to advertise or offer to sell or buy any goods or services for any business purpose; (7) to download any materials or files posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; (8) to falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (9) to restrict or inhibit any other user from using and enjoying the ExecuTrain Website; (10) to collect information about others; (11) to violate any applicable laws or regulations; (12) to create a false identity for the purpose of misleading others; or (13) to download or otherwise copy, or provide to a person or entity any directory of users of the ExecuTrain Website or other user or usage information or any portion thereof.
ExecuTrain has no obligation to monitor the use of the User Information Areas or the ExecuTrain Website. However, ExecuTrain reserves the right to review any and all content, messages or materials that may be posted to the ExecuTrain Website and to remove any content, messages or materials that it deems necessary in its sole discretion. ExecuTrain does not control or endorse the content, messages or materials that may be published, posted, uploaded, distributed or disseminated by a user and, therefore, ExecuTrain specifically disclaims any liability whatsoever with regard to any content, messages or materials provided by a user or any actions taken by a user.
By posting communications to or transmitting through the Web site or service, you thereby grant ExecuTrain a royalty-free, perpetual, irrevocable, transferable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, for marketing purposes, or as a part of other works in any form, media, or technology, whether now known of hereafter developed and to sublicense such rights to anyone.
Anything you transmit or post may be used by ExecuTrain or licensed to others by ExecuTrain for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
By posting, uploading, inputting, providing or submitting any content, messages or materials to the ExecuTrain Website, you warrant and represent that you own, have the right and/or authority to sublicense, or otherwise control all of the rights to the content, messages or materials including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, messages or materials.
Termination of Access
ExecuTrain reserves the right, in its sole discretion, to terminate your access to the ExecuTrain Website and to any related services or portion thereof at any time, without notice.
Links
The ExecuTrain Website may contain links to third party websites ("Thirty Party Websites"). The Third Party Websites are not under the control of ExecuTrain and ExecuTrain is not responsible for the content of any Third Party Websites, including without limitation any link contained in a Third Party Website, or any changes or updates to a Third Party Website. ExecuTrain is not responsible if the Third Party Website is not working appropriately. ExecuTrain is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ExecuTrain of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of service posted on any Third Party Websites.
Any dealings with third parties included within the ExecuTrain Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. ExecuTrain shall not be responsible or liable for any part of any such dealings or promotions.
Customer Web Sites
ExecuTrain provides online knowledge, training and other services to employees of ExecuTrain’s customers and others designated by ExecuTrain’s customers to participate in ExecuTrain’s programs (“Users”). ExecuTrain’s customers are typically businesses or other organizations. ExecuTrain typically provides its services via web sites that ExecuTrain or its suppliers creates, configures and hosts on behalf of the customer. ExecuTrain operates its programs and collects and uses data about Users at the direction of, and in accordance with, the instructions of ExecuTrain’s customers.
ExecuTrain’s arrangements with its customers may require ExecuTrain to obtain certain personal information, either from the customer or a User, in order for a User to access the online knowledge, training and other services provided on an ExecuTrain customer web site. Among other things, ExecuTrain may collect the following data: (i) User name; (ii) User identification; (iii) User password (iv) User email address; and (v) User department(s) and location within the customer organization. ExecuTrain may also track the amount of time a User spends on the customer web site, the applications the User employs, the self-tests the User performs, the User’s performance on such tests, and other activities in which the User engages while the User in on the ExecuTrain customer web site.
ExecuTrain may use non-personal data that it obtains from Users, such as the amount of time Users spend on a specific portion of a web site, to analyze trends, to gather data to benchmark best practices, and to monitor, improve and refine the functionality of the system. ExecuTrain generally only uses personal information to provide feedback about a User’s activity on an ExecuTrain-hosted customer web site. For example, ExecuTrain may use personal information to inform a User of his or her performance on tests, or the number of training modules that a User has used. ExecuTrain may also use personal information to send e-mails to a User, such as reminder e-mails that the User has not completed certain online courses. ExecuTrain may also suggest which online courses are most suitable for a User.
ExecuTrain’s arrangements with its customers may require ExecuTrain to provide all User information in ExecuTrain’s possession, including a User’s personal information, directly to the customer with which the User is associated (i.e. the User’s employer). If a User corresponds with ExecuTrain, ExecuTrain may keep a record of that correspondence. ExecuTrain may also forward correspondence to the customer which the User is associated. ExecuTrain does not transfer any personal User information to any third party (other than ExecuTrain’s customer) unless it is authorized to do so by the customer with which the User is associated, or required to do so by applicable law.
Disclaimer of Warranty
EXECUTRAIN AND ITS RESPECTIVE AFFILIATES AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED CONTENT CONTAINED WITHIN THE EXECUTRAIN WEBSITE FOR ANY PURPOSE. THE EXECUTRAIN WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EXECUTRAIN AND ITS RESPECTIVE AFFILIATES AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE EXECUTRAIN WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
YOU SPECIFICALLY AGREE THAT EXECUTRAIN AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE EXECUTRAIN WEBSITE. YOU SPECIFICALLY AGREE THAT EXECUTRAIN AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT EXECUTRAIN AND/OR ITS RESPECTIVE AFFILIATES AND SUPPLIERS ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN ON THE EXECUTRAIN WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL EXECUTRAIN OR ITS AFFILIATES AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EXECUTRAIN WEBSITE, WITH THE DELAY OR INABILITY TO USE THE EXECUTRAIN WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED TEXT, PHOTOS, AUDIO, VIDEO, GRAPHICS, SOUND OR OTHER CONTENT OBTAINED THROUGH THE EXECUTRAIN WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EXECUTRAIN WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXECUTRAIN OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXECUTRAIN WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EXECUTRAIN WEBSITE.
Errors and Corrections
The information, products, and services included in or available through the ExecuTrain Website may include inaccuracies or typographical errors. Changes are periodically made to the ExecuTrain Website and to the information therein. ExecuTrain and/or its respective affiliates and suppliers may make improvements and/or changes in the ExecuTrain Website at any time.
Modification of Agreement
ExecuTrain reserves the right to change the terms, conditions, and notices under which the ExecuTrain Website is offered, including but not limited to the charges associated with the use of the ExecuTrain Website. You are responsible for regularly reviewing these terms and conditions and additional terms posted on this website. Your continued use of the ExecuTrain Website constitutes your acceptance of and agreement to all such terms, conditions, and notices.
Notice of Proprietary Rights
The ExecuTrain Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound that is owned by or licensed to ExecuTrain or its affiliates or suppliers. Unless specified otherwise, all information, materials and contents on the ExecuTrain Website are: Copyright © 2008 ET3, L.L.C. All rights reserved.
ExecuTrain and ExecuTrain’s products or services referenced herein are either trademarks or registered trademarks of ExecuTrain. The names of actual companies and products or services mentioned herein may be the trademarks of their respective owners. Software Available on this Web Site
Any software that is made available to download from this Web site (“Software”) is the copyrighted work of ExecuTrain, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (‘License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Web site, is owned by ExecuTrain, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the USA. You may agree not to export or reexport the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
Notice of Cisco Copyrights
CCDA, CCDP, CCIE, CCNA, CCNP, Cisco, Cisco IOS, Cisco Systems, the Cisco Systems logo, and Networking Academy are registered trademarks or trademarks of Cisco Systems, Inc. and/or it affiliates in the U.S. and certain other countries. All other trademarks mentioned in this document or Web site are the property of their respective owners.
General
This agreement is governed by the laws of the State of Georgia, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Fulton County, Georgia, U.S.A. in all disputes arising out of or relating to the use of the ExecuTrain Website.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and ExecuTrain as a result of this agreement or use of the ExecuTrain Website.
You agree to indemnify, defend and hold ExecuTrain, its parents, subsidiaries, affiliates, suppliers, officers, directors and employees harmless from any and all third party claims, liability, demands, damages and/or costs, including reasonable attorneys’ fees, arising from your use of or conduct on the ExecuTrain Website, your violation of this agreement, or your infringement of any intellectual property or other right of any person or entity.
ExecuTrain reserves the right to disclose any personal information about you or your use of the ExecuTrain Website, including its contents, without your prior permission if ExecuTrain has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ExecuTrain or its affiliated companies; (3) enforce the terms of service; or (4) act to protect the interests of its members or others.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ExecuTrain with respect to the ExecuTrain Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ExecuTrain with respect to the ExecuTrain Website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Cancellation and Refund Policy
Because legal regulations vary from one governmental agency’s jurisdiction to another and because our franchise locations are independently owned, ExecuTrain’s policies on issues such as cancellations and refunds may vary from location to location. Please be certain that you receive and understand the written policies that are in force for the location with which you conduct business.