General Terms of Use
(Effective 01/05/2012)
Please read these Terms and Conditions of Use carefully before using this Site.
If you do not agree to all of these Terms and Conditions of Use, do not use this
Site.
Landmark Education ("Landmark") may revise and update these Terms and
Conditions at any time. Your continued usage of the Landmark Education Web Site
("Landmark Site," LandmarkEducation.com, "LE Site", the "Web Site" or the "Site,")
will mean you accept those changes.
TERMS AND CONDITIONS OF USE FOR LANDMARK SITE
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") AS WELL AS THOSE
CONTAINED IN THE SEPARATE PRIVACY POLICY
GOVERN YOUR USE OF THE SITE ON THE WORLDWIDE WEB AND ARE LEGALLY BINDING ON YOU.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE
THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE
DEEMED TO BE YOUR UNDERSTANDING OF, AND AGREEMENT, TO EACH OF THE TERMS AND CONDITIONS
SET FORTH BELOW.
SITE USER RESTRICTIONS
All information and materials on this Site, including but not limited to, text,
trademarks, logos, graphics, and images (the "Materials"), are the copyrighted
works and other forms of intellectual property of Landmark or third parties who
have authorized use of the Materials on this Site, unless otherwise provided in
respect to specific areas or Materials on the Site. Unless otherwise provided in
respect to specific areas or materials on the Site, Landmark grants you only the
limited license to display the Materials on your personal computer or personal wireless
device, and to copy and download such Materials, provided that: (1) any copyright,
trademark or other notice appearing on such Materials is also retained by, displayed,
copied, or downloaded as part of the Materials, and is not removed or obscured,
and (2) such display, copy, or download is used solely for your personal information.
Such Materials may not be distributed, transmitted, displayed, or broadcast in any
manner or for any purpose. You acknowledge and agree that you have no right to nor
will you modify, edit, alter, or enhance any of the Materials in any manner. This
limited right terminates automatically, without notice to you, if you breach any
of these Terms. Upon termination of this limited right of display, User agrees to
immediately erase or otherwise destroy any downloaded and printed Materials. Except
as expressly stated herein, you acknowledge that you have no legal right, title,
or interest in or to the Materials other than a limited right of display.
THIRD PARTY CONTENT
Landmark is a venue for content supplied by third parties and visitors to its Site.
Accordingly, Landmark has no specific prior review process or editorial control
over such content. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties, including information
providers, members or any other User of this Site, are those of the respective parties
and not necessarily those of Landmark. Neither Landmark nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness of any third-party
content, nor its merchantability or fitness for any particular purpose.
LINKS TO AND FROM THIRD PARTY SITES
There may be links established between this Site and other sites on the World Wide
Web or Internet which are not under the control of, or maintained by, Landmark.
Such links do not necessarily constitute an endorsement by Landmark of those sites.
Landmark undertakes no obligation to monitor such sites, and User agrees that Landmark
is not responsible for the content of such sites, or any technical or other problems
associated with any such third-party Site, links, or usage. You further agree that
in the event that you establish a link from any other site to the Site, you will
immediately discontinue such link upon receiving written notice from Landmark of
its objection to any such link.
CHANGES IN TERMS AND CONDITIONS AND CHANGES IN THE SITE
Landmark may, in its sole discretion and at intervals of its sole choosing,
modify this Site and/or the Site Use Agreements/Policies connected with them at
any time and without prior notice. It is the responsibility of each User to monitor
such changes, and to determine whether or not to continue to access and use the
Site based upon any such changes.
TERMINATION
User's access to Site will be subject to Landmark's authorization to access the
Site. Landmark reserves the right to terminate User's access to the Site at
any time without notice, for any reason (including, but not limited to, if you violate
these Terms) or for no reason. While Landmark's preferred course of action
is to advise you of your inappropriate behavior and recommend any necessary corrective
action, Landmark does not represent that it will nor is it required to either actively
monitor such behavior or to provide such notice to you. Landmark's right to terminate
User's access is in addition to all other legal or equitable remedies available
to Landmark hereunder, which rights are fully and expressly reserved by Landmark.
Upon termination of this Agreement for any reason, User shall cease to use or further
access any Landmark Content or Services and be liable for any unauthorized attempts
to do so via any means.
PROPRIETARY MATERIALS AGREEMENT
- You understand that all concepts, information and materials on this Site (including
without limitation trademarks, logos, graphics and images) (the "Materials")
are the proprietary property of Landmark and are protected by copyright, trade secret,
and other applicable laws. Submissions made by you or other participants are not
considered part of the Materials, but are subject to the restrictions set forth
below. You acknowledge that the Materials constitute commercially valuable, proprietary,
confidential property of Landmark, the design and development of which required
the investment of substantial effort, time, and money and reflect, in part, the
credibility and "good will" of Landmark.
- You have the limited right to display the Materials only on your personal computer,
and to copy and download the Materials provided that: (1) any copyright and trademark
notices appearing on such Materials are also displayed, copied or downloaded as
part of the Materials, and are not removed, moved, or obscured, and (2) such display,
copy, or download is solely for your personal informational use. This limited right
to access, display, and use of the Site terminates automatically, without notice
to you, if you breach any of these Terms.
- You acknowledge and agree that you have no right to modify, edit, alter or enhance
any of the Materials in any manner. The Materials may not be distributed, transmitted,
or broadcast in any manner, or for any purpose, unless expressly authorized to do
so by Landmark, in advance, and in writing.
- You agree not to use the Materials in any way that would compromise the proprietary
nature of the Materials. Without limiting all of the foregoing, you agree not to
deliver the Materials themselves, either reproduced or modified, or anything derived
from the Materials, either orally or in writing, as part of any seminar, training
program, workshop, consulting, or similar business activity which you make available
to your clients or to others, except with the prior written permission of Landmark.
- Unless expressly indicated otherwise herein by Landmark, even if you have previously
obtained Landmark's written permission to use any Materials or Submissions,
you must obtain such written consent each time before again using any Materials
or Submissions from this Site.
- Except as expressly stated herein, you acknowledge that you have no right, title,
or interest of any kind on any legal basis in or to the Materials or the Submissions
of any party.
- Upon termination of this limited license, you agree to immediately destroy any downloaded
and/or printed Materials that you may have in your possession or control.
NO AGENCY OR PARTNERSHIP
The parties are Independent Contractors. Neither party may direct or control the
day-to-day activities of the other; neither party may create or assume any legal
obligation on behalf of the other.
NOTICES
Landmark may provide notice to User via email, or (at its discretion) via certified
U.S. Mail, to the address provided on the User's registration form or such other
address provided by User to Landmark. User shall provide notice to Landmark via
email to: legal@landmarkeducation.net,
with a copy sent via certified U.S. Mail to the address on the User's registration
form.
ENTIRE AGREEMENT; SEVERABILITY; NO UNINTENTIONAL WAIVER
This Agreement, including the Site's Privacy Policy, constitutes the entire
User Agreement between User and Landmark, and supersedes any prior agreements or
understandings between User and Landmark. No amendment or modification hereof will
be valid or binding upon either party unless made in writing and signed by the authorized
representatives of both parties.
NO THIRD PARTY BENEFICIARIES
User acknowledges and agrees that this Agreement shall in no event be construed
as a third party beneficiary contract, and that it is not intended for the benefit
of any person or company whomsoever except the parties hereto.
ASSIGNMENT
Landmark may assign any or all of its rights and obligations hereunder to any party
without the prior consent of or notice to User.
JURISDICTION, DISPUTE RESOLUTION AND CHOICE-OF-LAW
The parties agree that any controversy or claim arising out of or relating to this
Agreement, or the breach thereof, at the election of the initiating party, shall
be settled either by the courts of the State of California or the United States
District Court of the Northern District of California, where applicable, or by the
arbitration in San Francisco, in accordance with the Commercial Arbitration Rules
of the American Arbitration Association ("AAA"), and judgment upon the
award rendered by the arbitrator may be entered in any court having jurisdiction
and venue or venue as provided above. The parties hereby acknowledge that certain
rights and actions relating to the Site are not compensable with monetary damages
and, therefore, hereby consent to extraordinary relief, in equity, including but
not limited to injunctive relief, which may be entered and shall be deemed fully
enforceable, by either a court or the AAA, with jurisdiction of the matters arising
under or relating to the Web site, its Terms and Conditions of Use and/or its Privacy
Policy Statement. Each party agrees and consents to the personal jurisdiction and
venue in any of these forums for dispute resolution, and will not challenge the
service of process, the legal authority, or the jurisdiction of any proceedings
which, at the request or either of the parties, may be held Confidential and not
publicly disclosed.
ATTORNEY'S FEES
In any action or proceeding between or among the parties hereto to interpret or
enforce any of the provisions hereof, the prevailing party shall, in addition to
any other award of damages or other remedy, be entitled to reasonable attorneys'
fees and costs.
DISCLAIMER OF WARRANTIES
You as a User of the Site, acknowledge and agree that Landmark has no liability
for any errors or omissions in the Site, including in the Materials, whether provided
by Landmark or third parties. You further acknowledge and agree that Landmark makes
no warranty or representation of any kind as to the availability of the Site or
any portion thereof, that the Site or portions thereof may be inaccessible for various
time periods (whether due to Internet service provider problems or otherwise), and
that Landmark shall have no liability for any unavailability of or inaccuracy in
the Site or the Materials.
User will bear all risk associated with any content that you access. User accessing
of any content made available by or through Landmark and third parties is subject
to your agreement to this provision and these Terms and Conditions.
DISCLAIMER NOTICE:
LANDMARK DOES NOT PURPORT TO OFFER ANY MEDICAL, PSYCHOLOGICAL, THERAPEUTIC,
RELIGIOUS, OR OTHER PROFESSIONAL ADVICE TO USERS. PLEASE SEEK THE ADVICE OF COUNSELING
PROFESSIONALS (PHYSICIANS, THERAPISTS, CLERGY, QUALIFIED BUSINESS ADVISORS, LAWYERS,
FINANCIAL ACCOUNTANTS, ETC.), AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC
INFORMATION, OPINIONS, ADVICE, OR OTHER CONTENT.
THIS SITE AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS"
WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED
BY LAW, LANDMARK DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS,
AND PERFORMANCE OF THIS SERVICE. LANDMARK DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES
OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH
THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. LANDMARK SIMILARLY DISCLAIMS
ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND
RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.
UNDER NO CIRCUMSTANCES SHALL LANDMARK BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OR MISUSE OF AND/OR RELIANCE ON THE SITE, OR ITS ASSOCIATED PRODUCTS
AND SERVICES. USER EXPRESSLY AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY
TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES (EVEN IF LANDMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY
TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE
OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES,
OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
INDEMNITIES
By using this Site, User agrees to indemnify and defend Landmark and its parents,
subsidiaries, affiliates, directors, officers, consultants, and employees and hold
them harmless from any and all claims and expenses, including attorney's fees,
arising from User's misuse of this Site or Service.
QUESTIONS, COMMENTS OR NOTICES
If you have questions, comments, or notices about the Landmark Site or this Agreement,
please contact us in writing at the address below:
LANDMARK EDUCATION
ATTN: OFFICE OF THE GENERAL COUNSEL
353 SACRAMENTO STREET, SUITE #200
SAN FRANCISCO, CA 94111
FAX: (415) 616-2411