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Policies
Terms of Use
SECTION 1: PURPOSE
BY SIGNING UP FOR AND/OR OTHERWISE ACCESSING ANY OF THE SERVICES OR SITE OFFERED BY OXYGEN EDUCATION, A DIVISION OF AMATROL (HENCEFORTH REFERED TO AS O2ED), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. THESE TERMS OF USE SUPERSEDE ALL EARLIER VERSIONS AND REQUIRE MANDATORY ARBITRATION OF DISPUTES. Please read these terms and conditions carefully, as they describe your legal rights and obligations. This agreement shall become effective as of the date of (1) your electronic signature on or acceptance of this agreement, (2) the activation of your account or (3) your receipt of an e-mail from O2ED confirming your order, whichever happens first.
I UNDERSTAND AND AGREE THAT MY USE OR OPERATION OF THIS COURSE AND THE EQUIPMENT AND MACHINERY DESCRIBED HEREIN IS AT MY OWN RISK. I UNDERSTAND AND AGREE THAT THE EQUIPMENT AND MACHINERY DESCRIBED IN THE COURSE CAN CAUSE SERIOUS INJURY TO MYSELF OR A CO-WORKER, PARTICULARLY IF THE EQUIPMENT IS OPERATED WITHOUT ALL GUARDS AND SAFETY DEVICES IN PLACE. I UNDERSTAND AND AGREE THAT NEITHER O2ED, LLC, NOR HAAS FACTORY OUTLET BEARS ANY RESPONSIBILITY OR LIABILITY FOR ANY INJURIES OR DAMAGES I INCUR AS A RESULT OF MY USE OR OPERATION OF THE COURSE OR THE EQUIPMENT AND MACHINERY DESCRIBED HEREIN.
SECTION 2: DEFINITIONS
2.1 "Bandwidth" shall refer to the rate of data transmission in kilobits per second.
2.2 "O2ED Content Module" (Module) shall mean downloadable technical skills training content files containing video, animations, pictures, text and sound which are interpreted by a web browser for display with or without plug-ins.
2.3 "O2ED Program" (Program) shall mean a prepackaged grouping of Modules and any additional content unique to the Program.
2.4 "E-Learning Website" (Site) shall mean a website set up for the purpose of delivery of learning, training or educational programs utilizing a Learning Management System via the Internet.
2.5 "Customer" shall mean a purchaser of access to any O2ED e-Learning Website, including but not limited to CNCSkillTraining.com, and its services.
2.6 "Services" shall mean the use of the learning management system, Modules and Programs available on the Site.
2.7 "User" refers to any of the type of Users
2.8 "Username" is the name registered by the User for connection to the Site.
2.9 "Password" is the Site-generated code sent to the User by the Site for use during the initial sign-on, or the code the User selects after the initial sign-on, that establishes the User's connection to the Site.
2.10 "User Content" (Content) shall be any electronic content, third party website or files linked via URL, posted to or otherwise added to the Site by a User.
SECTION 3: CHANGE OF TERMS
3.1 Changes in Terms. The Terms of Use may be changed without notice. Your continued use of this Site after the Terms of Use are changed indicates your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, then discontinue your use of this Site.
SECTION 4: ALTERATION OF SITE
4.1 Alteration of the Site. O2ED may change, suspend or discontinue any feature, aspect, or Service available through this Site at any time. O2ED may alter the availability of any feature of this Site or Service related to any feature of this Site at any time. O2ED may add, remove or modify any Content of this Site, including that of third parties, at any time.
SECTION 5: SERVICE
5.2 Site Availability. O2ED uses reasonable efforts to maximize Site availability. The Site may be shut down, rebooted or modified in an emergency if it is deemed necessary to prevent security breaches or operations failures (including, but not limited to viruses, worms, date bombs, time bombs or denial of service attacks). This may require loss of User access to the Site for a period of time, but such protective action will constitute scheduled downtime.
5.3 On-line Access. Each User will receive a Username and Password to the Site. Users are responsible for maintaining the confidentiality of Usernames and Passwords and for restricting access to their data. User accepts responsibility for all activity that occurs under its Username or Password and such activity shall be deemed to be by the User. To obtain full access to the Site, Users may be required to supply additional personal information. Users must provide accurate, complete and current information and agree to provide O2ED with any updates to that information promptly after such changes occur.
5.6 Hardware, Bandwidth and Plug-in requirements. Each User is responsible for obtaining appropriate bandwidth to achieve the performance desired.
Hardware and plug-in requirements for User Content are the responsibility of the Content provider.
5.7 Customer and Technical Support. O2ED, either directly or through its assignee, shall provide Customer and Technical Support relating to your Site consisting of replying to customer questions or comments regarding services provided by us to you relating to your site. This service shall be available during normal business hours, 8:00 am to 5:00 pm EST.
Customer and technical support for User Content is the sole responsibility to the Content provider.
SECTION 6: PRIVACY
6.1 Information Collected. O2ED gathers information about all Users collectively, such as what areas Users visit most frequently and what services Users access most often. O2ED automatically logs IP addresses, session information, and other data which tracks Users' access to the Services. These logs are analyzed for the aggregate trends they reveal about our customers and how the customers use the Site, not for the behaviors of individual users.
6.2 Purposes of Data Collection. O2ED requests personal information for purposes such as the provision of customer service and support, and billing.
6.3 O2ED's Usage of Personal Data. The personal information you supply to O2ED will not be given, sold, rented, loaned, or otherwise disclosed to any third parties outside of O2ED and its agents, except when we have your permission or under special circumstances, such as when we believe in good faith that disclosure is reasonably necessary to 1) comply with legal process, 2) enforce the Terms of Use, 3) respond to claims that any content provided by using the Services violates the rights of third parties, or 4) protect the rights, property, or personal safety of O2ED, its Users, or the public.
O2ED may use aggregated personal information to determine the demographic composition of our user base and to distribute statistics and general marketplace information about O2ED. This aggregate information does not identify specific users.
6.4 Access to Your Information. O2ED offers users the ability to correct or change the information collected during registration. Users may change this information at any time and as often as necessary by choosing the "edit my information" option or other similar functionality offered on the Site.
6.5 Security. All of your personal information is stored on servers at a location designed specifically to ensure that no unauthorized individuals have access to the server or its data.
SECTION 7: INTELLECTUAL PROPERTY RIGHT
7. 1 Reservation of rights and ownership. O2ED reserves all rights not expressly granted to Users in this Terms of Use. The Site is protected by copyright and other intellectual property laws and treaties. O2ED owns the title, copyright, and other intellectual property rights in the Site. This Term of Use does not grant you any rights to trademarks or service marks of O2ED.
7.2 Trade Secret of O2ED. User acknowledges and agrees that all Services and Content provided under this agreement remain the confidential property of O2ED and constitute a trade secret of O2ED and can not be disclosed to any third parties without consent of O2ED.
7.3 Limitations of reverse engineering, decompilation, and disassembly. You may not reverse engineer, decompile, or disassemble the Site, Modules or Programs except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
SECTION 8: USER CONDUCT
8.1 User Conduct. Users may only access the O2ED Site for lawful purposes. Users are solely responsible for the knowledge of and adherence to any and all laws, rules and regulations pertaining to your use of the Site. Users agree not to:
(1) use the Site to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States;
(2) upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another's privacy, hateful, or ethnically, racially or otherwise objectionable User Content;
(3) upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit;
(4) upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(5) alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services;
(6) disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
(7) claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
(8) upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, "junk mail," "spam," "chain letters," or "pyramid schemes";
(9) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
(10) collect or store personal data about other users;
(11) reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial purposes, any portion of the Content, Services, or access to O2ED Site;
(12) harm minors in any way;
(13) stalk or otherwise harass another;
(14) collect or store personal information about other users without their permission.
(15) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
8.2 Unauthorized use or access to third party Content. The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution. O2ED shall have full discretion to discontinue your access to the Site and will promptly terminate repeat offenders.
O2ED, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
O2ED, pursuant to the Digital Millennium Copyright Act, designates Amatrol to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on the O2ED's Site in a way that constitutes infringement, you may notify the O2ED by providing Amatrol the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on the O2ED's Site where the material that you claim is infringing is located;
4. Your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
7. Amatrol can be reached via e-mail at sales@amatrol.com and by regular mail at O2ED, Inc., 2400 Centennial Blvd., Jeffersonville, IN, 47130 USA.
SECTION 9: OWNERSHIP OF THIRD PARTY CONTENT:
The Site may display Content supplied by Users and other third parties on its website. O2ED maintains no editorial control over this Content. The Content supplied by Users and other third parties belongs to the respective owners of that Content.
THE COMPANY, IT'S AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES ("WE") DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
We shall not, under any circumstances, be liable for any loss, damage or harm to property or person caused by your or anyone else's reliance on User Content available on this Site that is the property of Users or third parties. Users are solely responsible for evaluating and acting on any Content available on this Site.
SECTION 10: LIMITED WARRANTY AND DISCLAIMER OF LIABILITY
O2ED DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROGRAM, DISKS, ONLINE MATERIAL AND WRITTEN MATERIALS.
O2ED EXPRESSLY DISCLAIMS AND SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR INJURIES OR DAMAGES RESULTING FROM THE USE OF THIS EDUCATIONAL OR TRAINING COURSE OR THE EQUIPMENT AND MACHINERY DESCRIBED IN THIS COURSE, WHETHER DUE TO THE NEGLIGENCE OF O2ED OR USER. O2ED FURTHER EXPRESSLY DISCLAIMS ALL LIABILITIES AND WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE EDUCATIONAL OR TRAINING INFORMATION PROVIDED IN THIS COURSE OR RELATING TO THE EQUIPMENT AND MACHINERY DESCRIBED WITHIN THE COURSE.
IN NO EVENT SHALL O2ED BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, LOSS OF BUSINESS PROFITS, BUSINESS, INTERRUPTION, OR OTHER SIMILAR DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE ANY MATERIAL PROVIDED UNDER THIS AGREEMENT, EVEN IF O2ED HAS BEEN ADVISED THE POSSIBILITY OF SUCH DAMAGES.
I UNDERSTAND AND AGREE THAT MY USE OR OPERATION OF THIS COURSE AND THE EQUIPMENT AND MACHINERY DESCRIBED HEREIN IS AT MY OWN RISK. I UNDERSTAND AND AGREE THAT THE EQUIPMENT AND MACHINERY DESCRIBED IN THE COURSE CAN CAUSE SERIOUS INJURY TO MYSELF OR A CO-WORKER, PARTICULARLY IF THE EQUIPMENT IS OPERATED WITHOUT ALL GUARDS AND SAFETY DEVICES IN PLACE. I UNDERSTAND AND AGREE THAT O2ED DOES NOT BEAR ANY RESPONSIBILITY OR LIABILITY FOR ANY INJURIES OR DAMAGES I INCUR AS A RESULT OF MY USE OR OPERATION OF THE COURSE OR THE EQUIPMENT AND MACHINERY DESCRIBED HEREIN.
SECTION 12: ADDITIONAL PROVISIONS
12.1 NO JOINT VENTURE OR PARTNERSHIP. Nothing in this Agreement is intended by the Parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between O2ED and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between O2ED and you. O2ED shall have no control or ownership interests of any kind in your business. O2ED shall have no direct financial or other interest in, nor in any way "own" any online "store" or other online venture pertaining to your use of the Site. O2ED's relationship to you shall be restricted to matters pertaining to the provision of the Services as set forth in this agreement.
12.2 Termination. Users may discontinue their participation in and access to the Site and its Services at any time. The Terms of Use will continue to apply to all past use of the Site by you, even if you are no longer using them. Users acknowledge and agree that O2ED and its affiliates may terminate or block User access of all or part of the Site, without prior notice for any reason, including, without limitation, if O2ED believes User has engaged in conduct prohibited by these Terms of Use. User agrees that upon termination or discontinuance for any reason, O2ED may delete all information related to User on the Site and may bar your access to the Site.
12.3 Integration Clause. You hereby acknowledge that these Terms of Use, all documents referenced herein, as well as any E-Learning Service Agreement, represent the entire understanding between you and O2ED concerning your use of this Site, and the Content, information and services available on this Site.
12.4 Indemnification. You agree to indemnify and hold O2ED, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the Terms of Use.
12.5 Severability. If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.
12.1 Notices. For purposes of all notices and other communications required or permitted to be given hereunder, the addresses of the parties hereto shall be as indicated below. All notices shall be in writing and shall be deemed to have been duly given if sent by facsimile, the receipt of which is confirmed by return facsimile, or sent by first class registered or certified mail or equivalent, return receipt requested, addressed to the parties at their addresses set forth below:
If to O2ED:
2400 Centennial Blvd.
Jeffersonville, IN 47130
Attn: President |