Board Member University End User License Agreement and Privacy Statement
A) END USER LICENSE AGREEMENT This End User License Agreement (EULA) is a legal agreement between you and Board Member University, and governs the Board Member University My online learning products made available to you on this site (or through paper-based products), which may include courses and courseware, libraries, clinics, templates, slides, instructions, associated media, Internet-based services, mobile apps, support services, and related printed or electronic documentation (Products). By using the Products, you agree to the terms of this EULA (Terms). Please read the Terms carefully and in full prior to using the Product. If you do not agree with the Terms please do not use the Product.
1. General Use Rights 1.1 Upon: (a) payment of the license fee for the Product specified by Board Member University at the point of purchasing the license for the Product (License Fee); or (b) in the event that the Product is not provided for a License Fee, then upon using a Product (Download) you are granted a revocable, non-transferable, nonexclusive and limited license (License) to use the Product for your personal training use only and strictly in accordance with these Terms, for the term of the License (License Term) commencing on the date that you purchase the License for the Product.
1.2 You may: (a) use the Product on any Internet enabled device;
1.3 You must NOT: (a) share the License, or the contents of the Product, with others;
1.4 You agree that Board Member University may, upon reasonable notice to you, audit your use of the Product for compliance with these Terms. In the event that such audit reveals any use of the Product by you other than in full compliance with these Terms, you shall reimburse Board Member University for all reasonable expenses related to such audit in addition to any other liabilities Board Member University incurs as a result of such non-compliance.
1.5 Board Member University will not be responsible or liable for any claim, loss or expense that you may suffer as a result of not being able to install and/or run the Program.
2. Limitations
2.1 You must NOT: (a) make or distribute copies of the Product, or electronically transfer the Product from one computer to another or over a network; (b) alter, digitize, merge, modify, adapt or translate the Product, or decompile, reverse engineer, disassemble, or otherwise reduce the Product to a human perceivable form; (c) sell, transfer, rent, lease, license or sub-license the Product; (d) broadcast, transmit or otherwise display in a public forum or any venue not restricted to you, the Product or any part of the Product; (e) post the Product or part of the Product on any website; (f) assign and/or novate any rights and obligations under these Terms; (g) modify the Product or create derivative works based upon the Product; (h) use the Product for commercial purposes; or (i) use the Product to develop any product having the same primary function as the Product.
2.2 You acknowledge and agree that (i) the Product may include technical inaccuracies or errors, and (ii) Board Member University may make improvements or other changes in the Product at any time.
2.3 Board Member University makes no warranty as to the accuracy or completeness of any information contained in the Program.
2.4 You acknowledge that any information in the Program is intended to be a guide only. You should not act solely on the basis of the information contained in the Program as parts may be generalized and the application of questions, exercises, examples and case studies may vary from organization to organization and may apply differently to different people and circumstances.
3. Ownership
3.1 Board Member University retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Product (as an independent work and as an underlying work serving as a basis for any application the Customer may develop), and all copies thereof. All rights not specifically granted in these Terms are reserved by Board Member University.
4. Links to Third Party Sites
4.1 You may link to third party sites through the use of the Product. The third party sites are not under the control of Board Member University, and Board Member University is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Board Member University is not responsible for webcasting or any other form of transmission received from any third party sites. Board Member University is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Board Member University of the third party site.
5. Additional Licensed Content/Services
5.1 These Terms apply to any updates, supplements, add-on components, or Internet-based services components, of the Product that Board Member University may provide to you or make available to you after the date you obtain your initial copy of the Product, unless Board Member University provides other terms with the update, supplement, add-on component, or Internet-based services component. Board Member University reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Product.
6. Intellectual Property
6.1 You must not remove or modify any copyright notice on the Product nor register any copyright based on the Product.
6.2 You must not use any of Board Member University’s trademark(s) (Trademark), nor register in any country any Trademark, or any mark confusingly similar to the Trademark, whether along or in combination with the Trademark.
7. Security
7.1 You must use your best endeavors to ensure that the Product is protected at all time from access, use or misuse, damage or destruction by any person not authorized to use the Product pursuant to these Terms.
8. Termination
8.1 Without prejudice to any other rights, Board Member University may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product and all of its component parts and you will not be entitled to a refund of the License Fee already paid by you.
8.2 The following provisions of this EULA will survive any termination: All definitions and clauses 6, 9, 10, 11 and this clause 8.2.
9. Exclusion of Incidental, Consequential and Certain Other Damages
9.1 Board Member University will not be liable to you for any indirect or consequential loss, loss of profit (whether based on contact, tort (including negligence), statute or any other legal theory) or loss of revenue arising in connection with these Terms, the Product, any software for the Product or any support services for the Product.
10. Limitation of Liability and Remedy
10.1 To the full extent permitted by any applicable law, the cumulative total liability of Board Member University under these Terms (regardless of the basis of the claim or action, including negligence and gross negligence) will not exceed $100.
11. Your indemnity
11.1 You will indemnify Board Member University, its directors, employees, contractors and agents from and against all damages, losses, claims and expenses.
12. Variation of the Terms
12.1 Board Member University reserves the right to amend these Terms from time to time without notice to you and you will be subject to the Terms in force at the time you purchase the License for the Product.
13. General Conditions
13.1 The failure, delay, relaxation or indulgence on the part of a party in exercising, in part or whole, any power, right or remedy conferred upon that party by these Terms shall not operate as a waiver of that power, right or remedy.
13.2 If any provision of these Terms is invalid or not enforceable by a court of competent jurisdiction, the relevant Term is to be read down and shall otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms.
13.3 These Terms are governed by and are to be construed in accordance with the laws in force in Pennsylvania, USA. Each party irrevocably and unconditionally submits to the nonexclusive jurisdiction of the courts of Pennsylvania and waives any objection that it may have that proceedings have been brought in an inconvenient forum.
B) PRIVACY STATEMENT Board Member University is committed to protecting your privacy and the confidentiality and the security of personal information provided by you. The personal information you provide is necessary to process your registration form which may include updating your record and profile information. We may use your personal information to contact you about professional development and associated events, to conduct analysis or market research to identify the ongoing needs of registrants, and to generally provide you with information on services and benefits. Personal information provided by you may be disclosed to external organizations that we engage for certain business functions such as our mailing houses, printers, technology service providers and marketing and communications agencies. Your personal information may be transferred or stored outside the country where the information was collected for the purposes stated above.