Attention: Please Read This Terms of Use Agreement Carefully Before Using This Web Site. This Terms of Use Agreement (this “Agreement”) governs and controls your visit and your use of this Website. BY ACCESSING, BROWSING, DOWNLOADING OR OTHERWISE USING AND/OR OBTAINING INFORMATION FROM THIS WEBSITE YOU (THE “USER”) ACCEPT AND AGREE TO BE BOUND BY EACH OF THE FOLLOWING TERMS AND CONDITIONS:
Copyrights, trademarks, etc.
This Website and the content (including without limitation the training programs, memorandums and presentations available on this Website to registered Users), organization, compilation, magnetic translation, digital conversion, design, look and feel, and other aspects or matters related to this Website, are the property of PREEMPT, Inc. (“PREEMPT”) or third parties and are protected under applicable copyrights, trademarks, service marks and other proprietary and intellectual property rights (whether registered or unregistered in any jurisdiction). Except as permitted by paragraph 2, below, the copying, redistribution, publication or other use by a User of any such content or any part of the Website is prohibited and the User does not acquire any rights to any content, software, code, data, or other materials or aspects of the Website accessed or otherwise obtained by or through the Website. Moreover, the copyrights, trademarks, logos, service marks and tradenames (collectively the “Mark(s)”) displayed on the Website or in content available through the Website are registered and/or unregistered Marks of PREEMPT and third parties and may not be used without the express written consent of the owner of the Mark. User does not obtain any license or right to use any such Mark except as otherwise provided in paragraph 2, below.
Unauthorized Use Prohibited
The viewing or downloading of any document or other content grants the User only a limited, non-exclusive license for use solely by the User in connection with PREEMPT’s training program(s) and other services. Except as provided in the preceding sentence, User may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, sublicense, assign or otherwise transfer or exploit any content, software, code, data or materials on the Website; and any commercial distribution, publishing or exploitation of the Website or any part thereof or any content, software, code, data or materials on the Website, is strictly prohibited unless User has received the express prior written permission of PREEMPT or the applicable rights holder.
Privacy of User Information
Please refer to PREEMPT’s separate Privacy Policy set forth elsewhere on this Website, the provisions of which are incorporated into this Agreement by reference.
Warranty Disclaimers
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTION AND MATERIALS, IS PROVIDED “AS IS”, “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE. ADDITIONALLY, THE INFORMATION, INCLUDING, WITHOUT LIMITATION, EXAMPLES, PROBLEMS, AND STATUTORY REFERENCES, CONTAINED IN THE TRAINING MATERIALS IS PROVIDED FOR GENERAL INFORMATION AND EDUCATIONAL PURPOSES ONLY AND SUCH INFORMATION IS NOT INTENDED TO REPLACE PROFESSIONAL LEGAL & FINANCIAL ADVICE OR TO APPLY TO USER’S SPECIFIC CIRCUMSTANCES. ADDITIONALLY, USER SHOULD BE MINDFUL THAT THE LAW IS CONSTANTLY CHANGING AND THAT HE OR SHE SHOULD ALWAYS INQUIRE ABOUT THE CURRENT STATE OF THE LAW AS IT MAY APPLY TO THE USER’S PARTICULAR CIRCUMSTANCES. PREEMPT CANNOT, AND DOES NOT, GUARANTEE OR WARRANT (1) THAT THE INFORMATION AVAILABLE ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE TRAINING MATERIALS) IS ACCURATE, USEFUL, NON-INFRINGING, THOROUGH, OR COMPLETE, (2) THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, (3) THAT DEFECTS WILL BE CORRECTED, OR (4) THAT THE WEBSITE WILL MEET USERS’ REQUIREMENTS, AND ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR ARISING FROM USAGE OF TRADE OR COURSE OF DEALING, ARE HEREBY DISCLAIMED. PREEMPT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE, NOR FOR ANY VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS THAT MAY INFECT OR OTHERWISE DAMAGE THE USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF USER’S ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR THE DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE WEBSITE.
Indemnification
User agrees to indemnify, defend and hold PREEMPT and its directors, officers, employees and agents harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from User’s violation of this Agreement.
Governing Law
This Agreeme