Use of the web site courses.totalcae.com (the “Site”) and its contents is subject to the following terms and conditions. By using the Site, or by clicking the “I agree” checkbox, you accept and agree to be legally bound by these Terms of Use, whether or not you are a registered member of the Site. If any of these Terms of Use is unacceptable to you, do not use the Site.
As used in these Terms of Use, the terms “we,” “us” and “our” refer to TotalCAE.
1. Changes to terms of use are binding. We may change these Terms of Use from time to time without advance notice. Your use of the Site or any of its content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes.
Accordingly, you should read these Terms of Use from time to time for any changes.
2. Copyright and other protection. The Site and the video material, audio material, text, images, graphics and other content available on the Site (collectively, the “Content”) are protected by copyright, trademark and other laws. The Content consists in part of a series of videos produced by TotalCAE. We or others own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use.
3. Use of the Site and Content—permissions and restrictions.
You may not retransmit, publish, distribute, display or otherwise make available any of the Course Videos or other Content to others. In no event may you alter or modify the Course Videos or any other Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree to retain all copyright and other notices on any Content you obtain from the Site.
4. User accounts; account termination policy. We expect to add a feature allowing you to register with the Site and establish an account. If you register, you agree to provide accurate and complete information when creating or updating your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify us immediately of any unauthorized use of your account or other breach of security. You may not use another’s account without permission. We will terminate your account if an infringer. We also may terminate your account if you violate any provision of these Terms of Use or fail to comply with our requests concerning your account.
5. User submissions and rules of conduct. Account holders will be able to participate in online discussion forums and to submit or post comments, profiles and/or other content on the Site (collectively, “User Content”). You are solely responsible for any User Content you post or submit to the Site, and for the consequences of posting or submitting it. By posting or submitting User Content to the Site, you grant us a nonexclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available your User Content in connection with the Site and for our broader educational purposes, including without limitation for promoting or redistributing part or all of the Site (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing. By posting or submitting User Content to the Site, you represent and warrant that you have the right to grant us the foregoing rights, and that neither your User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone’s rights. You agree not to submit or post any content, or engage in any other activity in connection with the Site, that:
1. Infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity
2. Violates any law or regulation
3. Is intentionally false or misleading
4. Defames, threatens, or harasses anyone
5. Is harmful, dangerous, abusive, or offensive
6. Is obscene or contains pornography
7. Contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information
8. Contains or consists of advertising or any form of commercial solicitation or activity
9. Otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site
Although we will have no obligation to monitor or take action with respect to User Content, we reserve the right to remove any User Content that we believe violates the above standards or any other provision of these Terms of Use, and to terminate the applicable user’s account and right to use the Site, in addition to any other rights or remedies available to us. We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content.
6. Disclaimer of warranties. THE SITE AND THE CONTENT ARE PROVIDED “AS IS.”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.
7. Limitations of liability and remedies. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE OR OUR COLLABORATORS BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, WE OR OUR COLLABORATORS ARE FOUND LIABLE TO YOU (IN CONTRACT, TORT OR OTHERWISE) FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, OUR LIABILITY AND THE LIABILITY OF OUR COLLABORATORS SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50) IN AGGREGATE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8. Indemnity. You agree to indemnify and hold harmless TotalCAE and our Collaborators, and our and their respective officers, fellows, governing board members, directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Use.
9. Links to other sites. Links on the Site to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.
10. Trademarks. Nothing in these Terms of Use or on the Site will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Site. You agree not to use or register any name, logo, or insignia of TotalCAE for any purpose except with our prior written approval and in accordance with any restrictions required by us.
11. Copyright complaints. We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify us as provided at Reporting Copyright Infringements, where you will find the contact information for our designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for further information). That contact information pertains only to notifications of claimed infringement. Please direct all other communications concerning the Site to [email protected]
12. Applicable law and jurisdiction; access from outside Michigan. The Site is controlled and operated from our facilities in and around Ann Arbor, Michigan. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Site or the Content, will be governed by the laws of Michigan, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in Detroit, Michigan. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). If you choose to access our website from locations other than Michigan, you will be responsible for compliance with all local laws of those other locations.
13. Termination; discontinuation of Site or elements. The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but the other provisions of these Terms of Use will survive any such termination. We reserve the right at any time in our sole discretion to cease providing any Content, to change or discontinue any aspect or element of the Site, or to cease making the Site available.
14. Eligibility. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully competent to use the Site and to enter into and comply with these Terms of Use. In any case, you affirm that you are at least 13 years of age, as the Site is not intended for children who are under 13 years of age. Use of the Site by anyone under 13 years of age is not authorized.
15. General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, nonexclusive and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. We may change these Terms of Use from time to time without advance notice. Your use of the Site or any of the Content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.