BANKERS TRAINING & CERTIFICATION CENTER TERMS OF USE AND NOTICES
The Bankers Training & Certification Center (Bankers Training) web site is comprised of various web sites and web pages operated by Bankers Training & Certification Center. The BANKERS TRAINING web sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the BANKERS TRAINING web sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular BANKERS TRAINING web site included within the BANKERS TRAINING web sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). Additionally, the BANKERS TRAINING web sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular BANKERS TRAINING web site, then these terms shall control. MODIFICATION OF THESE TERMS OF USE BANKERS TRAINING reserves the right to change the terms, conditions, and notices under which the BANKERS TRAINING web sites are offered, including but not limited to the charges associated with the use of the BANKERS TRAINING web sites. You are responsible for regularly reviewing these terms and conditions.
LINKS TO THIRD PARTY SITES
The BANKERS TRAINING web sites may contain links to other web sites ("Linked sites"). The Linked sites are not under the control of BANKERS TRAINING and BANKERS TRAINING is not responsible for the contents of any Linked site, including without limitation any link contained in a Linked site, or any changes or updates to a Linked site. BANKERS TRAINING is not responsible for webcasting or any other form of transmission received from any Linked site. BANKERS TRAINING is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BANKERS TRAINING of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the BANKERS TRAINING web sites, you warrant to BANKERS TRAINING that you will not use the BANKERS TRAINING web sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the BANKERS TRAINING web sites in any manner that could damage, disable, overburden, or impair the BANKERS TRAINING web sites or interfere with any other party's use and enjoyment of the BANKERS TRAINING web sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BANKERS TRAINING web sites.
MATERIALS PROVIDED TO BANKERS TRAINING OR POSTED AT ANY BANKERS TRAINING WEB SITE
BANKERS TRAINING does not claim ownership of the materials you provide to BANKERS TRAINING (including feedback and suggestions) or post, upload, input or submit to any BANKERS TRAINING web site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BANKERS TRAINING, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. BANKERS TRAINING is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BANKERS TRAINING' BANKERS TRAINING's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AVAILABLE ON THE BANKERS TRAINING WEB SITES
Software (if any) that is made available to download from the BANKERS TRAINING web sites, excluding software that may be made available by third party business partners of BANKERS TRAINING ("Software"), is the copyrighted work of BANKERS TRAINING and/or its 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. For any Software not accompanied by a license agreement, BANKERS TRAINING hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular BANKERS TRAINING web site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by BANKERS TRAINING and/or its 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 WARRANTED, 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, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BANKERS TRAINING WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BANKERS TRAINING AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BANKERS TRAINING WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE BANKERS TRAINING WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. BANKERS TRAINING AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE BANKERS TRAINING WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BANKERS TRAINING AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL BANKERS TRAINING AND/OR ITS 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 BANKERS TRAINING WEB SITES, WITH THE DELAY OR INABILITY TO USE THE BANKERS TRAINING WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BANKERS TRAINING WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE BANKERS TRAINING WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BANKERS TRAINING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BANKERS TRAINING WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BANKERS TRAINING WEB SITES. SERVICE CONTACT:
TERMINATION/ACCESS RESTRICTION
BANKERS TRAINING reserves the right, in its sole discretion, to terminate your access to any or all BANKERS TRAINING web sites and the related services or any portion thereof at any time, without notice.
GENERAL
This agreement is governed by the laws of the State of Missouri, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in St. Louis, Missouri, U.S.A. in all disputes arising out of or relating to the use of the BANKERS TRAINING web sites. Use of the BANKERS TRAINING web sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BANKERS TRAINING as a result of this agreement or use of the BANKERS TRAINING web sites. BANKERS TRAINING 'BANKERS TRAINING's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BANKERS TRAINING's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BANKERS TRAINING web sites or information provided to or gathered by BANKERS TRAINING with respect to such use. 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 BANKERS TRAINING with respect to the BANKERS TRAINING web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BANKERS TRAINING with respect to the BANKERS TRAINING web sites. 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.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the BANKERS TRAINING web sites are: Copyright (c) 1986-2005 Bankers Training & Certification Center, and/or its suppliers, Bankers Training & Certification Center, 12250 Weber Hill Road, St. Louis, MO 63127, U.S.A. All rights reserved.
TRADEMARKS
BANKERS TRAINING, the BANKERS TRAINING logo, and/or other products and services referenced herein are either trademarks or registered trademarks of BANKERS TRAINING. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
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