IMPORTANT - This is a legal agreement between you ("You" or the "Authorized User") and Global Knowledge Technologies or, as applicable, its local subsidiary ("We" or "Company" or "Global Knowledge Technologies"). Before accessing or using any part of this website, please read the following terms and conditions contained in this terms of service agreement(the or this "TOS") as they govern your access to and use of this website and any programs, services, tools, materials or information available through this website or used in connection therewith (collectively, the or this "GKT Website"). We are willing to license and allow the use of this website only on the condition that you accept and agree to all of the terms and conditions contained in this TOS. If you do not agree with this TOS, you are not granted permission to access or otherwise use this website and are instructed to exit this website immediately.
The GKT Website is provided
by Global Knowledge Technologies , and this TOS provides to you
a personal, revocable, limited, non-exclusive, royalty-free,
non-transferable license to use the GKT Website and any
programs, services, tools, materials, or information made
available through or from the GKT Website conditioned on your
continued compliance with the terms and conditions of this
TOS. This TOS permits you to use and access for personal or
business purposes only the GKT Website
(i) on a single laptop, workstation, or computer and
(ii) from the Internet or through an on-line network. You may also load information from the GKT Website into your laptop's, workstation's, or computer's temporary memory (RAM) and print and download materials and information from the GKT Website solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the GKT Website on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with Global Knowledge Technologies regarding access and usage privileges for the GKT Website, including, without limitation, a member services agreement with Global Knowledge Technologies . Nevertheless, your personal use of the GKT Website will be subject to the obligations and restrictions regarding use of the GKT Website as set forth in this TOS.
The foregoing license is
limited. You may not use, copy, store, reproduce, transmit,
distribute, display, rent, lease, sell, modify, alter,
license, sublicense, or commercially exploit any data provided
by Global Knowledge Technologies through the GKT Website in any manner not
expressly permitted by this TOS. In addition, you may not
modify, translate, decompile, create any derivative work(s)
of, copy, distribute, disassemble, broadcast, transmit,
publish, remove or alter any proprietary notices or labels,
license, sublicense, transfer, sell, mirror, frame, exploit,
rent, lease, private label, grant a security interest in, or
otherwise use in any manner not expressly permitted herein the
GKT Website. Moreover, you may not
(i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the GKT Website or in any way reproduce or circumvent the navigational structure or presentation of the GKT Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the GKT Website,
(ii) attempt to gain unauthorized access to any portion or feature of the GKT Website, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the GKT Website or to any Global Knowledge Technologies server or to any of the services offered on or through the GKT Website, by hacking, password "mining," or any other illegitimate or prohibited means,
(iii) probe, scan, or test the vulnerability of the GKT Website or any network connected to the GKT Website, nor breach the security or authentication measures on the GKT Website or any network connected to the GKT Website,
(iv) reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the GKT Website,
(v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the GKT Website or Global Knowledge Technologies 's systems or networks or any systems or networks connected to the GKT Website,
(vi) use any device, software, or routine to interfere with the proper working of the GKT Website or any transaction conducted on the GKT Website, or with any other person's use of the GKT Website,
(vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Global Knowledge Technologies on or through the GKT Website,
(viii) use the GKT Website to harvest or collect e-mail addresses or other contact information;
(ix) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the GKT Website (or any part thereof) without Global Knowledge Technologies express, separate, and prior written permission, or
(x) use the GKT Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Global Knowledge Technologies .
By downloading, accessing, or using the GKT Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the GKT Website, including, without limitation, when you provide information via a GKT Website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Global Knowledge Technologies reserves the right to terminate immediately your access to and use of the GKT Website. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the GKT Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive or which is made available from Global Knowledge Technologies in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the GKT Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the GKT Website is solely at your own risk. While Global Knowledge Technologies has endeavoured to create a secure and reliable GKT Website, you should understand that the confidentiality of any communication or material transmitted to/from the GKT Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Global Knowledge Technologies is not responsible for the security of any information transmitted to or from the GKT Website. You agree to assume all responsibility concerning activities related to your use of the GKT Website, including, providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the GKT Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the GKT Website shall only be available through the sole discretion of Global Knowledge Technologies or pursuant to the terms and conditions of a separate written agreement with Global Knowledge Technologies .
When using and/or to facilitate the operation of certain features of the GKT Website, you may provide Global Knowledge Technologies with additional content or information (a "Posting"). In connection with delivering and providing to Global Knowledge Technologies any such Posting, you hereby and automatically grant to Global Knowledge Technologies a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit, and otherwise use any such content or information as necessary in connection with the GKT Website and Global Knowledge Technologies 's service obligations in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. With respect to any such content or information, you must also obtain at your sole expense all necessary consents, rights, permissions, and clearances (and provide Global Knowledge Technologies with reasonable proof thereof (if requested)) required for Global Knowledge Technologies to use such content or information in connection with Global Knowledge Technologies 's services and the GKT Website. Notwithstanding the foregoing, you acknowledge and agree that Global Knowledge Technologies shall not be responsible for any failures, inoperability, delays, or problems caused by your failure to obtain the necessary rights, clearance or permission or to provide any necessary content or information for your use of the GKT Website in a timely or accurate manner. Moreover, Global Knowledge Technologies assumes no responsibility for the deletion of or failure to store any content or information.
Additional notices, terms, and conditions may apply to membership, receipt of services, participation in a particular program, conference, training, or seminar, Authorized User registration with the GKT Website, and/or to other specific portions or features of the GKT Website, all of which are made a part of this TOS by this reference. In particular, this TOS, in and of itself, shall not entitle you to any of the Global Knowledge Technologies membership benefits until you execute and Global Knowledge Technologies accepts Global Knowledge Technologies 's member services agreement with Global Knowledge Technologies . You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the GKT Website, the latter terms shall control with respect to your use of that portion of the GKT Website. Global Knowledge Technologies 's obligations, if any, with respect to its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
Registration as an Authorized User for access to certain areas of the GKT Website may require both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the GKT Website and to your account. Accordingly, by using the GKT Website, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another Authorized User's user name and password. You will immediately notify Global Knowledge Technologies if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Global Knowledge Technologies cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Global Knowledge Technologies reserves the right to delete or change (with notice) a user name or password at any time and for any reason.
This GKT Website may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features where Authorized Users can share and display certain Postings. To the extent that the GKT Website contains such communication forums (collectively, "Forums"), you agree that by using the GKT Website you will not post or transmit any of the following materials on the GKT Website's Forums:
a. anything that interferes with or disrupts the GKT Website or the operation thereof,
b. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
c. unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
d. statements or material that violates other contractual or fiduciary rights, duties, or agreements,
e. statements or material that is bigoted, hateful, or racially offensive,
f. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
g. statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
h. statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
i. statements or material that harms minors,
j. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Global Knowledge Technologies ,
k. statements or material that misrepresents your affiliation with any entity and/or Global Knowledge Technologies ,
l. anything that violates the privacy or publicity rights of any other person, including, without limitation, displaying any personal identifying information of another individual,
m. chain letters or pyramid schemes,
n. statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
o. statements or material that are "off-topic" for a designated Forum,
p. solicitations, offers, or requests for employment, contracting opportunities, performance of services for monetary gain, or the purchase, sale, or barter of items or materials.
q. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, network, or the GKT Website
As Forums are public, the Authorized User experience is enhanced if you follow the foregoing and following guidelines. Please use netiquette. Please do not post any content or information of a personal nature, such as video or audio of friends and family. Please be succinct and stay on topic within a particular Forum. Please remember to respect others and their opinions. Global Knowledge Technologies encourages open and sincere communication, but urges all Authorized Users to remember that Forums are intended to be a resource for all.
You represent that you have all necessary rights to make the Posting available to Global Knowledge Technologies and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that Global Knowledge Technologies has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the GKT Website, Global Knowledge Technologies has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Global Knowledge Technologies assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
Global Knowledge Technologies is not responsible for screening, policing, editing, or monitoring your or another Authorized User's Postings and encourages all of its Authorized Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Global Knowledge Technologies 's right and ability to delete or remove a Posting (or any part thereof), Global Knowledge Technologies does not endorse, oppose, or edit any opinion or information provided by you or another Authorized User and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other Authorized User. Nevertheless, Global Knowledge Technologies reserves the right to delete or take other action with respect to Postings (or parts thereof) that Global Knowledge Technologies believes in good faith violate this TOS and/or are, or are potentially, unlawful or harmful to Global Knowledge Technologies or its products, services, and goodwill. If you violate this TOS, Global Knowledge Technologies may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of the GKT Website. Moreover, it is a policy of Global Knowledge Technologies to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact Global Knowledge Technologies as provided below.
This TOS provides only a limited license to access and use the GKT Website. Accordingly, you expressly acknowledge and agree that Global Knowledge Technologies transfers no ownership or intellectual property interest or title in and to the GKT Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the GKT Website, unless otherwise indicated, are owned, controlled, and licensed by Global Knowledge Technologies and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Global Knowledge Technologies does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the GKT Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Global Knowledge Technologies does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Global Knowledge Technologies 's trademarks. This GKT Website is copyrighted. Copyright Global Knowledge Technologies and/or its licensors. All rights reserved. Global Knowledge Technologies also owns a copyright in the contents of the GKT Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the GKT Website. Any downloadable or printable programs, directories, databases, information, or materials available through the GKT Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Global Knowledge Technologies . Global Knowledge Technologies , the Global Knowledge Technologies logo, and all other names, logos, and icons identifying Global Knowledge Technologies and its programs, products, and services are proprietary trademarks of Global Knowledge Technologies , and any use of such marks, including, without limitation, as domain names, without the express written permission of Global Knowledge Technologies is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners. For a complete list of trademarks, please refer to Trademarks.
Global Knowledge Technologies welcomes your feedback and suggestions about Global Knowledge Technologies 's products or services or the GKT Website. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Global Knowledge Technologies , you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Global Knowledge Technologies and enable Global Knowledge Technologies to use such feedback. In addition, any feedback received through the GKT Website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Global Knowledge Technologies to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary
Global Knowledge Technologies may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Global Knowledge Technologies and are maintained by third parties over which Global Knowledge Technologies exercises no control. Accordingly, Global Knowledge Technologies expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party
Global Knowledge Technologies , in its sole discretion, may post the advertisements of third parties on the GKT Website and/or feature materials, programs, products, and services provided by third parties, including, without limitation, Global Knowledge Technologies 's members. Global Knowledge Technologies makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the GKT Website are solely between you and such third party. Accordingly, Global Knowledge Technologies expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the GKT Website, and you agree that Global Knowledge Technologies shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the GKT Website.
While Global Knowledge Technologies endeavors to provide reliable information, services, programs, software, and materials, the information, services, programs, software, and materials available on or through the GKT website are provided on an "as-is" and "as available" basis and may include errors, omissions, or other inaccuracies. Global Knowledge Technologies is also not responsible for any postings provided by you that are available through or from the GKT website. Moreover, Global Knowledge Technologies may make modifications and/or changes in the GKT website or in the information, services, programs, software, and materials available on the GKT website at any time and for any reason. You assume the sole risk of making use and/or relying on the information, services, programs, and materials available on the GKT website. Global Knowledge Technologies makes no representations or warranties about the results that can be achieved from or the suitability, completeness, timeliness, reliability, legality, or accuracy of the information, services, programs, and materials available on the GKT website for any purpose, and expressly disclaims all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty under the uniform computer information transactions act as enacted by any state. Global Knowledge Technologies also makes no representation or warranty that the GKT website will operate error free or in an uninterrupted fashion or that any files or information that you download from the site will be free of viruses or contamination or destructive features.
You expressly absolve and release Global Knowledge Technologies from any claim of harm resulting from a cause beyond Global Knowledge Technologies 's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. moreover, in no event shall Global Knowledge Technologies be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the GKT website, with the delay or inability to use the GKT website, or for any information, services, programs, products, and materials available through the GKT website, whether based in contract, tort, strict liability, or otherwise, even if Global Knowledge Technologies has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. Notwithstanding the foregoing, total liability of Global Knowledge Technologies for any reason whatsoever related to use of the GKT website shall not exceed the total amount paid by you to Global Knowledge Technologies in connection with the subject matter of the particular dispute during the prior three months.
You agree to defend, indemnify, and hold harmless Global Knowledge Technologies and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of this TOS.
In addition to the foregoing
indemnification obligation, if you discover or are notified of
a breach or potential breach of security with respect to any
personally identifiable information provided or made available
by Global Knowledge Technologies , you shall immediately
(i) notify Global Knowledge Technologies of such breach or such potential breach and
(ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately
(a) investigate such breach or such potential breach,
(b) inform Global Knowledge Technologies of the results of such investigation,
(c) assist Global Knowledge Technologies using commercially reasonable efforts in maintaining the confidentiality of such information, and
(d) assist Global Knowledge Technologies as reasonably necessary to enforce Global Knowledge Technologies 's rights and to enable Global Knowledge Technologies to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.
This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of New York, U.S.A. as applied to agreements entered into and completely performed in the State of New York. You and Global Knowledge Technologies each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of North Carolina for any disputes between us under or arising out of this TOS. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this TOS and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against Global Knowledge Technologies must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this TOS and is hereby disclaimed. Global Knowledge Technologies makes no representation that the GKT Website is appropriate or available for use in other locations outside the State of New York, and access to the GKT Website from sates, territories, or nations where any aspect of the GKT Website is illegal is prohibited. You access the GKT Website on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the GKT Website. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Global Knowledge Technologies if you wish to receive a printed copy of this TOS.
Actual or attempted unauthorized use of the GKT Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Global Knowledge Technologies reserves the right to view, monitor, and record activity on the GKT Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the GKT Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the GKT Website as well as to disclosures required by or under applicable law or related government agency actions. Global Knowledge Technologies will also comply with all court orders involving requests for such information. In addition to the foregoing, Global Knowledge Technologies reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the GKT Website, or any portion of the GKT Website, in order to protect the GKT Website, Global Knowledge Technologies , or Global Knowledge Technologies 's business.
This TOS and your right to use the GKT Website will take effect at the moment you click "I ACCEPT" or you install, access, or use the GKT Website and is effective until terminated as set forth below. This TOS will terminate automatically if you click "I REJECT". In addition, Global Knowledge Technologies reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOS, to deny your access to the GKT Website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this TOS will also terminate automatically if you fail to comply with this TOS, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the GKT Website, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the GKT Website in your possession. In addition to the miscellaneous section below, the provisions concerning Global Knowledge Technologies 's proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason.