Terms of Service

TERMS OF USE STUDENT LICENSE AGREEMENT

For iLearning Product Expert Insights Academy ™

YOU SHOULD CAREFULLY READ AND ACCEPT THE FOLLOWING TERMS AND CONDITIONS BEFORE USING YOUR 'STUDENT ID' TO ACCESS THIS iLEARNING PRODUCT. USING YOUR 'STUDENT ID' INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY EXIT FROM THIS COURSE. IF APPROPRIATE, YOUR MONEY WILL BE REFUNDED.

TO ACCESS THIS ILEARNING PRODUCT, PLEASE INDICATE YOUR AGREEMENT TO THESE TERMS:

Yes, I agree to be the ONLY person using this Student ID
Yes, I agree not to share this course with any one else
Yes, I agree to ONLY use this Student ID for my own training purposes.
Yes, I agree that if I use this Student ID to train others, then EVERY person I train will have also purchased their own Student ID.
Yes, I accept and agree to be bound by the complete License Agreement of Expert Insights Academy™ as stated below.

1. GRANT OF LICENSE. In consideration of payment of the License Fee, which is part of the price you paid for this iLearning product, Licensor, Expert Insights Academy™, grants to you, the Licensee, a non-exclusive, non-transferable LICENSE to use the iLearning product in accordance with the following terms:

1.1 You are licensed to use the iLearning product - on a standalone, group or classroom basis - to train only yourself, or others, having their own, unique 'Student ID'. Each person in a group or class is considered a "student" and must have their own, unique 'Student ID'. Additional 'Student IDs' may be licensed by contacting a Expert Insights Academy™ representative.

1.2 You are licensed to use the iLearning product to assist in training yourself and others with a paid Student ID. You are NOT licensed to use the iLearning product to assist in training anyone else, unless payment has been made, or other appropriate written approval has been received by Expert Insights Academy™. If you want to use the iLearning product to train persons other than yourself and your employees, you may arrange to do so by obtaining the appropriate licenses from Expert Insights Academy™.

2. OWNERSHIP OF THE iLEARNING PRODUCT. As the Licensee, you own the physical objects (that is, the magnetic media, and the paper) on which the iLearning products are recorded. As the Licensor, Expert Insights Academy™ (or its licensors, if any) own and will retain all title, copyright, trademark and other proprietary rights in and to the iLearning product. This LICENSE is NOT a sale of the iLearning product or any copy of it. You, the Licensee, obtain only such rights as are provided in this Agreement. You understand and agree as follows:

2.1 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT make any copies of all or any part of the iLearning product except for archival copies of the computer software component of the iLearning product as permitted by the United States Copyright Act. You agree to reproduce and include the Expert Insights Academy™ copyright on any such copies.

2.2 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT reverse compile, reverse assemble, reverse engineer, modify, incorporate in whole or in part in any other product or create derivative works based on all or any part of the iLearning product.

2.3 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT remove any copyright, trademark, proprietary rights, disclaimer or warning notice included on or embedded in any part of the iLearning product.

2.4 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT sell, license, sublicense, rent, or otherwise transfer the I-learning product without the written permission of Expert Insights Academy™.

2.5 You (and your students, employees, members, associates, volunteers, participants, etc.) may NOT export or re-export the iLearning product without the appropriate United States and/or foreign government licenses.

2.6 You (and your students, employees, members, associates, volunteers, participants, etc.) are required to protect the confidentiality of the iLearning product. You may not distribute or otherwise make iLearning product available to any third party (other than a transferor of the iLearning product in accordance with Section 2.4 above.)

3. TERM. The term of this LICENSE will continue until Expert Insights Academy™ provides written consent to assignment or transfer of this LICENSE or until Expert Insights Academy™ terminates this LICENSE as provided herein. Expert Insights Academy™ may terminate this LICENSE, for cause, if Expert Insights Academy™ gives written notice to you specifying any failure or default in the performance of any provisions of this LICENSE and you fail to cure said failure or default to the satisfaction of Expert Insights Academy™ within 30 days after such notice. Upon the termination of this LICENSE, you will promptly return to Expert Insights Academy™ or destroy all copies of the iLearning product and related documentation covered by this LICENSE.

4. LICENSEE'S RESPONSIBILITIES FOR SELECTION AND USE OF THE iLEARNING PRODUCT. The iLearning product is a tool that Expert Insights Academy™ hopes you will find useful in your efforts to educate or train others. HOWEVER, Expert Insights Academy™ DOES NOT WARRANT THAT THE iLEARNING PRODUCT IS ACCURATE OR COMPLETE WITH RESPECT TO LAWS, REGULATIONS, PRACTICES, OR ANY OF THE FACTS OR OPINIONS EXPRESSED IN THE iLEARNING PRODUCT. You are responsible for the supervision, management and control of the use of the iLearning product, and output of the iLearning product, including, but not limited to: (a) selection of the iLearning product to achieve your intended results; (b) determining the appropriate uses of the iLearning product in your business; (c) establishing adequate independent procedures for testing the accuracy of the iLearning product; and (d) establishing adequate backup to prevent the loss of data in the event of a iLearning product malfunction.

5. WARRANTY.

5.1 Warranty. Subject to the other provisions in Articles 4 and 5 of this Agreement, Expert Insights Academy™ warrants that, for a period of 90 days from receipt by you, the software program and magnetic media which form parts of the iLearning product (the "Software") will conform in all material respects to the user documentation furnished to you. Expert Insights Academy's™ sole responsibility under this warranty will be, at its option, (1) to use reasonable efforts to correct documented errors in said Software that are reported to it within the foregoing warranty period or (2) to refund a prorated protion of the net license fee paid to Expert Insights Academy™ with respect to the license of the iLearning product. Expert Insights Academy™ does not warrant that the Software will be error free, nor that all program errors will be corrected. All requests for Software warranty assistance shall be directed to Expert Insights Academy™. Asserted errors must be documented by you to Expert Insights Academy™, detailing the error, describing how to recreate the error, and including, if available, sample output.

5.2 Exceptions. Expert Insights Academy's™ warranty does not apply insofar as: (a) any Software is subjected to misuse, neglect, accident or exposure to environmental conditions beyond those specified by Expert Insights Academy™; (b) claims resulting from acts or omissions caused by persons other than Expert Insights Academy™ or from products, material or software not provided by Expert Insights Academy™; (c) you use Software that does not include all updates available from Expert Insights Academy™ or (d) a guaranteed level of performance when related to connectivity and delivery over the internet.

5.3 Limitations on Warranties. THE EXPRESS WARRANTY SET FORTH IN THIS ARTICLE 5 IS THE ONLY WARRANTY GIVEN BY EXPERT INSIGHTS ACADEMY™ WITH RESPECT TO ANY iLEARNING PRODUCT FURNISHED HEREUNDER; EXPERT INSIGHTS ACADEMY™ MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE; AND SPECIFICALLY DISCLAIMS THE WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. SAID EXPRESS WARRANTY SHALL NOT BE ENLARGED OR OTHERWISE AFFECTED BY EXPERT INSIGHTS ACADEMY'S™ RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE iLEARNING PRODUCT. EXPERT INSIGHTS ACADEMY™ SHALL NOT BE HELD RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE iLEARNING TRAINING PRODUCT.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

6. LIMITATIONS ON REMEDIES. Expert Insights Academy's™ liability in contract, tort or otherwise arising out of or in connection with any iLearning product, any output of any Software, or Expert Insights Academy's™ sales or license agreement with you shall not exceed the net license fee paid to Expert Insights Academy's™ for the iLearning product. IN NO EVENT SHALL EXPERT INSIGHTS ACADEMY™ BE LIABLE FOR SPECIAL, INCIDENTAL, TORT OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE iLEARNING PRODUCT OR EXPERT INSIGHTS ACADEMY'S™ PERFORMANCE OF SERVICES, EVEN IF EXPERT INSIGHTS ACADEMY™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

7. U.S. GOVERNMENT RESTRICTED RIGHTS. If you are a government agency, you acknowledge that the iLearning product was developed at private expense and that the computer software component is provided to you subject to RESTRICTED RIGHTS, as defined in 48 CFR Part 227.471, and all other technical data are provide to you subject to LIMITED RIGHTS, as defined in 48 CFR Part 227.471.

RESTRICTED RIGHTS LEGEND--Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software (May, 1987) clause at 252.227-7013 (48 CFR). Contractor/manufacturer is Expert Insights Academy™.

8. GENERAL

8.1 The terms of this LICENSE shall be construed in accordance with the substantive laws of the State of North Carolina.

8.2 If you have any questions about this Agreement, you may write to faculty@expertinsightsacademy.com at Expert Insights Academy™.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND EXPERT INSIGHTS ACADEMY™ WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND EXPERT INSIGHTS ACADEMY™ RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT.