Terms of Use Agreement
Welcome to the articulate.com web site. We maintain this web site
as a service to our visitors
and customers. By using our site, you are
agreeing to comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to these terms,
you should not review information or obtain goods or products from this
site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms
of Use Agreement (“Agreement”) with respect to our site (the
“Site”). This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site,
the content, products or services provided by or through the Site, and
the subject matter of this Agreement. This Agreement may be amended at
any time by us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright.
The content, organization, graphics, design, audio, animation,
video, compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication by you
of any such matters or any part of the Site, except as allowed by Section
4, is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The posting
of information or materials on the Site does not constitute a waiver of
any right in such information and materials.
3. Trademarks.
Articulate®,
Articulate PresenterTM,
Articulate QuizmakerTM,
Articulate Engage®,
Articulate OnlineTM,
Empowering Rapid E-LearningTM, and
Empowering E-LearningTM
are the trademarks or registered trademarks of Articulate
Global, Inc. in the United States and/or other countries. Macromedia®,
and Flash®, are trademarks or registered trademarks of Macromedia, Inc.
in the United States and/or other countries. PowerPoint®, is a registered
trademark of Microsoft Corporation in the United States and/or other countries.
All other trademarks and registered trademarks are the property of their
respective owners.
4. Limited Right to Use.
The viewing, printing or downloading of any content, graphic,
form or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document may be reproduced
in any form or incorporated into any information retrieval system, electronic
or mechanical, other than for your personal use (but not for resale or
redistribution).
5. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete
any documents, information or other content appearing on the Site.
6. Indemnification.
You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, “Affiliated Parties”)
harmless from any liability, loss, claim and expense, including reasonable
attorney’s fees, related to your violation of this Agreement or
use of the Site.
7. Nontransferable.
Your right to use the Site is not transferable. Any password
or right given to you to obtain information or documents is not transferable.
8. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,”
“AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE
INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE
OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS
OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
9. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy.
10. Third-Party Services.
We allow access to or advertise third-party merchant sites (“Merchants”)
from which you may purchase certain goods or services. You understand
that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing,
fulfillment, billing and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that use of such Merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS
OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED
TO OUR SITE.
11. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites. We are
not responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority
to make any representations or commitments on behalf of the other.
12. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a
part of this Agreement.
13. Payments.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you supply is
true and complete, (ii) charges incurred by you will be honored by your
credit card company, and (iii) you will pay the charges incurred by you
at the posted prices, including any applicable taxes.
14. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or completeness
by us. Inclusion of any linked Web site on our Site does not imply approval
or endorsement of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
15. Information and Press Releases.
The Site contains information and press releases about us. While
this information was believed to be accurate as of the date prepared,
we disclaim any duty or obligation to update this information or any press
releases. Information about companies other than ours contained in the
press release or otherwise, should not be relied upon as being provided
or endorsed by us.
16. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in New York, New York, and shall be governed by and construed
in accordance with the laws of the State of New York(without regard to
conflict of law principles). Any cause of action by you with respect to
the Site (and/or any information, products or services related thereto)
must be instituted within one (1) year after the cause of action arose
or be forever waived and barred. All actions shall be subject to the limitations
set forth in Section 8 and Section 10. The language in this Agreement
shall be interpreted as to its fair meaning and not strictly for or against
either party. All legal proceedings arising out of or in connection with
this Agreement shall be brought solely in New York, New York You expressly
submit to the exclusive jurisdiction of said courts and consents to extra-territorial
service of process. Should any part of this Agreement be held invalid
or unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Site is in conflict
or inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision nor of the right to enforce such provision.