Terms of Use
Updated: 9/11/2015
LearnDynamicsCRM.com is an online marketplace for training materials in the form of videos, audio files, written text, and other content (referred herein as “Product" or “Products") pertaining to Microsoft Dynamics CRM and related subjects.
The following terms and conditions govern all use of the LearnDynamicsCRM.com website and all content, services and products available at or through the website, including, but not limited to associated blogs, forums, subdomains and websites (taken together, the “Website"). The Website is owned and operated by Intersection 3 Consulting, a Novel Ventures, LLC company. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, LearnDynamicsCRM's Privacy Policy) and procedures that may be published from time to time on this Website by LearnDynamicsCRM (collectively, the “Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by LearnDynamicsCRM, acceptance is expressly limited to these terms.
The Website is not directed to children younger than 13, and service on the Website is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use the Website. Any person who registers as a user or provides their personal information to the Website represents that they are 13 years of age or older.
1. Your LearnDynamicsCRM.com Account
If you create an Account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify LearnDynamicsCRM of any unauthorized uses of your Account or any other breaches of security by sending an email to [email protected]. LearnDynamicsCRM will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Access and Use
2.1 Limited License. Subject to the strict compliance with this Agreement, LearnDynamicsCRM hereby grants you, as a user of LearnDynamicsCRM Products (“Student"), a non-exclusive, non-transferrable, revocable, limited license to access the LearnDynamicsCRM Products for personal use.
2.2 Restrictions. Under this license, you may not: (a) modify or copy the Products, (b) remove any copyright or other proprietary notations from the Products, (c) use the Products for any commercial purpose or for any public display (commercial or non-commercial), (d) transfer the Products to another person or “mirror" the Products on any other server, (e) use the Products to build a competitive product or service.
2.3 Termination. This license shall automatically terminate if any of the restrictions are violated, and may be terminated by LearnDynamicsCRM at any time, effective immediately upon written notice. Upon termination, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Payment and Renewal.
3.1 General Terms. By purchasing a Product you agree to pay LearnDynamicsCRM the one-time, monthly or annual subscription fees, as indicated for that Product. Payments will be charged on a pre-pay basis on the day you sign up for a Product and will cover the use of that Product for the term of the subscription period as indicated.
3.2 Taxes. All prices for Products are exclusive of sales or use tax. You are solely responsible for any reporting obligations that may be imposed by the laws of your country, state, city or other governmental area. In the event that you reside in a country that imposes any Value Added Tax (“VAT") or Goods and Services Tax (“GST"), you agree that LearnDynamicsCRM is authorized to charge your credit card for the amount of such VAT or GST and remit it to the competent tax authorities at the time of purchase, or in LearnDynamicsCRM's discretion, increase the sale price of the Product to include any amount of VAT or GST that LearnDynamicsCRM will be liable to pay. You will indemnify, defend, release and hold harmless LearnDynamicsCRM against any and all claims by any tax authority for any underpayment of VAT or GST on Products you purchase, including any applicable penalties and/or interest.
3.3 Pricing. LearnDynamicsCRM reserves the right to establish standard pricing tiers for Products, including one-time purchase pricing and/or subscription-based pricing. You acknowledge and agree that LearnDynamicsCRM may change its pricing of any Product at any time by posting written notice of such change on the applicable Product.
3.4 Refunds. All Products sold by LearnDynamicsCRM are subject to an unconditional right to receive a Refund for thirty (30) days. All refund requests should be sent to [email protected]. LearnDynamicsCRM does track Refund requests and reserves the right to suspend or terminate your Account and refuse any Refund, without any liability, in the event that you make excessive Refund requests, or other circumstances that may cause LearnDynamicsCRM, in its sole discretion, to suspect that you are abusing the Refund process.
3.5 Automatic Renewal. Unless you notify LearnDynamicsCRM before the end of the applicable subscription period that you want to cancel a subscription to a Product, your Product subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Product (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Product subscriptions can be canceled at any time in the Manage Subscriptions section of your Account.
4. Responsibility of Contributors.
If you comment or post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: (a) the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; (b) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; (c) you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms; (d) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (e) the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); (f) the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; (g) your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods; (h) your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and (i) you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by LearnDynamicsCRM or otherwise.
Without limiting any of those representations or warranties, LearnDynamicsCRM has the right (though not the obligation) to, in LearnDynamicsCRM's sole discretion (i) refuse or remove any Content that, in LearnDynamicsCRM's reasonable opinion, violates any LearnDynamicsCRM policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in LearnDynamicsCRM's sole discretion.
You hereby grant LearnDynamicsCRM an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any Content you post on or in connection with the Website or LearnDynamicsCRM services or the promotion thereof and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with LearnDynamicsCRM or the promotion thereof.
If you delete Content, LearnDynamicsCRM will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
5. Responsibility of Website Visitors.
LearnDynamicsCRM has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, LearnDynamicsCRM does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. LearnDynamicsCRM disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites.
LearnDynamicsCRM have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which LearnDynamicsCRM.com links, and that link to LearnDynamicsCRM.com. LearnDynamicsCRM does not have any control over those non-LearnDynamicsCRM websites and webpages, and is not responsible for their contents or their use. By linking to a non-LearnDynamicsCRM website or webpage, LearnDynamicsCRM does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. LearnDynamicsCRM disclaims any responsibility for any harm resulting from your use of non-LearnDynamicsCRM websites and webpages.
7. Copyright Infringement and DMCA Policy.
As LearnDynamicsCRM asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by LearnDynamicsCRM.com violates your copyright, you are encouraged to notify LearnDynamicsCRM by sending an email to [email protected] or mailing a letter to Learn Dynamics CRM, 4833 Front St #B-125, Castle Rock, CO 80104, which includes the following: (a) a description of the copyrighted material that you claim has been infringed, (b) a description of the location (or URL) on the LearnDynamicsCRM Website where the copyrighted material that you claim has been infringed can be found, (c) a description of the location (or URL) of the copyrighted material (where the original material is located), (d) your name, address, telephone number and email address, (e) a written statement by you that you have a good faith belief that use of the copyrighted materials described as allegedly infringing is not authorized by the copyright owner, its agent or the law. (Please note that you may be liable for damages if you “knowingly materially misrepresent" your copyrights, and we may seek to collect those damages. Fair Use should also be taken into consideration, (f) a written statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf, and (g) the written name and electronic or physical signature of the copyright owner or person authorized to act on behalf of the owner of the copyright interest
LearnDynamicsCRM will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. LearnDynamicsCRM will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of LearnDynamicsCRM or others. In the case of such termination, LearnDynamicsCRM will have no obligation to provide a refund of any amounts previously paid to LearnDynamicsCRM.
8. Intellectual Property.
This Agreement does not transfer from LearnDynamicsCRM to you any LearnDynamicsCRM or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with LearnDynamicsCRM. LearnDynamicsCRM, LearnDynamicsCRM.com, the LearnDynamicsCRM.com logo, and all other trademarks, service marks, graphics and logos used in connection with LearnDynamicsCRM.com, or the Website are trademarks or registered trademarks of LearnDynamicsCRM or LearnDynamicsCRM's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any LearnDynamicsCRM or third-party trademarks.
9. Changes.
LearnDynamicsCRM reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. LearnDynamicsCRM may also, in the future, offer new products, services and/or features through the Website (including, the release of new tools, courses and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Disclaimer of Warranties.
The Website is provided “as is". LearnDynamicsCRM and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and noninfringement. Neither LearnDynamicsCRM nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability.
In no event will LearnDynamicsCRM, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to LearnDynamicsCRM under this agreement during the twelve (12) month period prior to the cause of action. LearnDynamicsCRM shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
12. General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the LearnDynamicsCRM Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
13. US Economic Sanctions.
You expressly represent and warrant that your use of the Website and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and LearnDynamicsCRM reserves the right to terminate accounts or access of those in the event of a breach of this condition.
14. Indemnification.
You agree to indemnify and hold harmless LearnDynamicsCRM, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
15. Miscellaneous.
This Agreement constitutes the entire agreement between LearnDynamicsCRM and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LearnDynamicsCRM, or by the posting by LearnDynamicsCRM of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Douglas County, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Denver, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LearnDynamicsCRM may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The good folks at Automattic, who provide Wordpress.com, have graciously decided to make their comprehensive Terms of Service available under a Creative Commons Sharealike license, which means anyone is more than welcome to steal it and repurpose it for their own use, as long as the references to Worpress are replaced. I've done just that, found above. (No need to recreate the wheel.)