Effective Date: January 1, 2016
BY ACCESSING OR USING THE TRAINING, YOU ARE AGREEING TO BE BOUND BY THESE TERMS
- Service Period: Our purchase of the Training entitles you access to the Training during the service period, which shall be two months from the date of purchase unless otherwise stated on the Site at the time of purchase (“Service Period”).
- License & Ownership: We hereby grant You a royalty-free, revocable, personal, non-transferable, non-sublicensable, and non-exclusive right to access and use the Training for Your own personal informational purposes during the Service Period provided that You comply at all times with the these Terms. You are responsible for obtaining any equipment and Internet service necessary to access and use the Training. You agree and acknowledge that, as between You and Metis, Metis is the sole and exclusive owner of the Training, including all intellectual property rights associated therewith. You further understand and agree that You may not (a) modify, adapt, create derivative works of, reproduce, transmit, download, resell, or distribute the Training or otherwise make the Training available to any third party, in whole or in part; (b) create Internet “links” to or from the Training, or “frame” or “mirror” the Training; (c) disassemble, reverse engineer, or decompile the Training; or (d) access the Training in order to build a competitive product or service, build a product or service using similar ideas, features, functions or graphics to those included in the Training, or copy any ideas, features, functions or graphics included in the Training. Except as expressly set forth in these Terms, no license or other right in or to the Training is granted to You, by implication, estoppel, or otherwise, and all such licenses and rights are hereby reserved by Metis. Metis shall have a royalty-free, worldwide, irrevocable, perpetual, transferable, and sublicensable license to use, disclose, reproduce, distribute, prepare derivative works, publicly perform or publicly display, any suggestions, ideas, feedback, recommendations or other information You provide relating to the Training.
- Login Credentials Subject to the limitations set forth herein, Metis will provide you with access to the Training via a username and password that You create when you first attempt to access and use the Training. You shall be solely responsible for protecting Your username and password from unauthorized use, and You are solely responsible for all activity that occurs under that username and password. You may not share your user name and password and such may not be shared with third party. You agree to notify us immediately if You believe that Your username or password has been or may be used without Your permission so that appropriate action can be taken. We shall not be responsible for any loss or damage caused by, or expense incurred by You as a result of, Your failure to safeguard Your username and password.
- Fees. You shall pay all fees and charges in accordance with the terms established between You and Metis. You shall be responsible for any use, sales, or other taxes arising from Your use of the Training.
- Email Communications. By signing up for the Training, You may receive e-mail communications from us that are part of the services. You will continue to receive these emails until such time as the service terminates. In addition, if You subscribe to receive other email communications from us, we may sent you email communications to alert You to company products and services, company news or other company information. In addition, if You signed up to receive information that may be of interest to You, we may send you email communications based on the preferences you specified in connection with signing-up for such communications. If at any time you would like to stop receiving the email types described in this paragraph, you can follow the opt-out procedures described in such emails.
- Privacy. In connection with Your access to and use of the Training via the Site, we will ask you to provide us with your name and email address. In addition, you will be asked to create a username and password in order to access and use the Training. We may also automatically collect information such as Your IP address, the points You accumulate while accessing and using the Training, and Your overall progress when accessing and using the Training. We also use session cookies on the Site to retain customer preferences, for authentication and fraud prevention, and to manage and improve the Training. Your web browser may provide controls allowing you to control its retention of cookies. We do not honor do-not-track signals. Metis uses the personal information it collects via the Site to administer and improve the Site and the Training and to send you emails as described in Section 5 above. Metis does not share information it collects on the Site from users with third parties for their marketing purposes.
- Transfer of Personal Information. Any personal information which we may collect on this Site will be stored and processed in our servers located only in the United States. If You reside outside the United States, you consent to the transfer of Your personal information outside your country of residence to the United States.
- Payment Information Payment Information is data You provide when purchasing the Training. Such information may include your name, billing address, credit card number and security code (e.g., the CSV), and other financial information. We may use Your Payment Information to process transactions and to detect and prevent fraud. We may share Your Payment Information with vendors, banks, and other entities who process payments on our behalf or provide us with other financial services, including fraud prevention and credit risk reduction. After Your subscription to the Training ends, we may retain Your Payment Information for as long as reasonably necessary to complete your existing transactions, as well as to identify and prevent fraud.
- Termination of Access to and Use of the Training. We may at any time, and without prior notice to You, terminate Your access to and use of the Training or otherwise disable Your access to the Site according to the terms set forth in any agreement between Your employer and us, or in our sole discretion. We may also provide notice of termination of services in the event we no longer provide the services, and will do our best to notify you 90 days before discontinuing the services.
- Limited Warranty and No Further Obligations. The Training is provide to you on as “as-is” basis. We do not guarantee the accuracy or completeness of the Training, and You agree that we are not responsible for the quality or correctness of the Training. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of the Training. YOU AGREE AND ACKNOWLEDGE THAT METIS PROVIDES NO WARRANTY OF ANY KIND IN CONNECTION WITH THE TRAINING, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT. METIS DOES NOT WARRANT THAT (A) THE TRAINING WILL MEET YOUR NEEDS; (B) THE TRAINING WILL BE ERROR-FREE OR ACCESSIBLE AT ALL TIMES; OR (C) THE TRAINING WILL BE CORRECT, ACCURATE, TIMELY OR OTHERWISE RELIABLE. Except as may be set forth in an agreement between Your employer and Metis, Metis is under no obligation to provide You with any support or maintenance or any further information or advice with respect to the Training, and Your use of and access to the Training does not create any obligation as between You and Metis with respect to the Training or any other products or services that Metis may offer.
- Consumer Rights Information. California Civil Code Section 1789.3. California website users are entitled to the following specific consumer rights notice: If this Site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this Site. If you have a question or complaint regarding the Site, please send an email to [email protected] You may also contact us by writing to us at Metis, 27 East 28th Street, New York NY 10016. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California, 95834, or by telephone at (800) 952-5210.
- Limitation of Liability. IN NO EVENT SHALL METIS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY UNDER THESE TERMS OR IN CONNECTION WITH THE TRAINING FOR CONSEQUENTIAL, INCIDENTAL OR OTHER DIRECT OR INDIRECT DAMAGES OR FOR PUNITIVE OR MULTIPLE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
- Indemnity. You agree to indemnify, defend and hold harmless Metis, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third party claims, losses, liability, damages and/or costs (including reasonable attorneys' fees and costs) arising from (a) Your use of the Site or Training or (b) Your violation of these Term.
- The Site is not directed toward children under the age of 13, and children under the age of 13 are not permitted to access or use the Training or the Site or submit any information to us via the Site.