PRODUCT INFORMATION

TrainingDepartment.com

Terms of Service Agreement and Service License

IMPORTANT: 
TrainingDepartment.com, and all software and documentation relating thereto, together with all components thereof (collectively, "TrainingDepartment.com") is protected by United States copyright patent, trademark and other applicable laws and international treaty provisions. Your right to download, install and use TrainingDepartment.com and its ancillary products and services is limited by the terms and conditions of the scrollable License and Terms of Service Agreement below, and is expressly conditioned upon your reading, understanding, and agreeing to the License and Terms of Service Agreement below in its entirety before downloading and/or using TrainingDepartment.com. DURING SETUP OF YOUR TRAININGDEPARTMENT.COM SITE, YOU WILL BE ASKED TO ACCEPT OR REJECT THE TERMS. AGREEMENT TO ALL TERMS OF THE LICENSE AND TERMS OF SERVICE AGREEMENT IS REQUIRED TO BE AN AUTHORIZED USER OF TRAININGDEPARTMENT.COM. You may also be subject to additional terms and conditions that apply when you use affiliate services, third party content, software or other services accessible through TrainingDepartment.com.

LICENSE AGREEMENT AND TERMS OF SERVICE
This License Agreement and Terms of Service Agreement ("Agreement") for TrainingDepartment.com, once accepted by you as set forth below, is your proof of your license to download, install and use TrainingDepartment.com subject to the terms and conditions of this Agreement.

I. LICENSE GRANT. Subject to the terms of this Agreement, TrainingDepartment.com grants to you a personal, nonexclusive, nontransferable license to download, install, and use TrainingDepartment.com for your lawful personal use. You are responsible for all activities conducted through your TrainingDepartment.com account. Software necessary for use of TrainingDepartment.com may be installed and used by any individuals under your control, and may only be used by you and other persons who have agreed to the terms and conditions of this Agreement.

II. FEES, PAYMENT AND YOUR RIGHT TO CANCEL.
(A) Fees. In consideration of the license to use TrainingDepartment.com, you shall pay to TrainingDepartment.com a monthly license fee at the applicable rate then in effect. The current licensing fees will be posted in the "Pricing" area or similar location within TrainingDepartment.com public Web Site at www.TrainingDepartment.com (TrainingDepartment.com may from time to time offer limited "Free Trial" , discount, or similar promotions during which no subscription fee or a reduced subscription fee shall apply. During such promotions, all provisions of this Agreement shall remain in full force and effect. Charges for fee-based content shall apply during any such promotional periods.) License fees are due and payable according to the terms posted in the Pricing area or similar location within TrainingDepartment.com public Web Site. If TrainingDepartment.com does not receive full payment of your TrainingDepartment.com account balance within thirty (30) days of the date your account statement is made available to you, an additional 1.5% (or the highest amount permitted by law, whichever is lower) per month late charge may be added to your bill and will be immediately due and payable. You also agree to be liable for all attorneys' fees, costs and/or disbursements incurred by TrainingDepartment.com relating to the collection of your unpaid account. The charges contained on your account statement will be deemed acceptable by you unless you notify TrainingDepartment.com of any billing discrepancy within sixty (60) days after they first appear on your account statement. You also agree to timely pay for: (i) any purchases made or facilitated through TrainingDepartment.com; and (ii) any communications charges or other fees incurred in connection with your use of TrainingDepartment.com including, without limitation, all charges and surcharges relating to telephone and computer equipment, communications links, connect time costs, and internet service provider fees.
(B) Credit Card Payment. If you have elected to pay for TrainingDepartment.com by credit card, and TrainingDepartment.com does not receive payment from the credit card issuer, you agree to pay all amounts due TrainingDepartment.com immediately upon demand by TrainingDepartment.com. Each time you use TrainingDepartment.com you agree that TrainingDepartment.com is authorized to charge your designated credit card account for the applicable rate for TrainingDepartment.com then in effect. (Your agreement with your credit card issuer governs use of your credit card, and you must refer to that agreement to ascertain your right and liabilities as a cardholder.)
(C) Termination or Cancellation by You. You are free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective you must carry out such termination in accordance with the policies and procedures established by TrainingDepartment.com which will be posted in the "Pricing" area or similar location within TrainingDepartment.com. If you have any questions concerning the appropriate method by which to cancel this Agreement, you should contact at TrainingDepartment.com Customer Satisfaction representative at the telephone number provided at www.TrainingDepartment.com.

III. PROHIBITED USE OF THE TRAININGDEPARTMENT.COM SERVICE.
(A) Nature of Communications. Communication by or through the TrainingDepartment.com service can occur in real time and in some instances may be posted on message boards, bulletin boards, or contained within file libraries. You acknowledge that TrainingDepartment.com cannot, and does not intend to, screen any communication in advance for accuracy, completeness, or conformity with this Agreement or any applicable laws. Accordingly, you acknowledge that TrainingDepartment.com, nor any of its affiliates, agents, content providers or service providers shall assume or have any liability whatsoever to you or any other party for any action or inaction by TrainingDepartment.com or any of its affiliates, agents, content providers or service providers with respect to communications made by or through TrainingDepartment.com.
(B) Specific Prohibitions. You may not use, nor allow any others to use TrainingDepartment.com, either directly or indirectly, to make, create, solicit, transmit, upload, or publish any comment, request, suggestion, proposal, image, data file, or other communication which: (i) is, or is likely to be perceived by an intended recipient or target to be, obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person; (ii) violates any rights of others, including but not limited to, infringement of any proprietary rights, trademarks, patents, or trade secrets; (iii) libels, defames or slanders any person, or infringes upon any person's privacy rights (iv) contains or embodies any computer virus, harmful component or corrupted data; (v) adversely affects the performance or availability of TrainingDepartment.com for any TrainingDepartment.com user(s); (vi) impersonates any person or entity, including without limitation TrainingDepartment.com personnel; or (vii) violates any applicable local, state, national, international or foreign law, including, but not limited to, laws relating to the export of prohibited or restricted information to foreign nationals or nations as set forth in the rules and regulations of the United States Department of State and the United States Department of Commerce.
In addition, you may not use TrainingDepartment.com to send unsolicited advertising or promotional materials (including, without limitation, "spam" or bulk e-mail) without the prior express written consent of TrainingDepartment.com.
(C) No Reverse Engineering or Alteration. You may not modify, translate, reverse engineer, decompile, or disassemble TrainingDepartment.com, or any component thereof (including, but not limited to, any third party content or services contained in TrainingDepartment.com), or remove any proprietary notices or labels contained in TrainingDepartment.com or permit any other party to do so. All applicable patents, trademarks and trade secrets contained in TrainingDepartment.com and any modifications to them are, and shall remain, the property of TrainingDepartment.com or its third party content and/or service providers, as the case may be.

IV. ACCESS TO THIRD-PARTY CONTENT.
TrainingDepartment.com may from time to time provide its users with the ability to access, and in some instances purchase, goods and services provided by third-parties. You will find that purchases of third-party goods and/or services will often be governed by their own separate terms and conditions, which you should review prior to making any purchase. TrainingDepartment.com endeavors to provide its users with access to first-class quality products and services, but does not warrant or guarantee the quality of content, products or service made available through TrainingDepartment.com. However, if you experience any problems with any third-party good or service, contact our customer satisfaction personnel, and they will promptly investigate the matter.

V. USE OF DATA.
TrainingDepartment.com's policies concerning use of personally identifiable information and data can be reviewed online from the Sign On page at www.TrainingDepartment.com. TrainingDepartment.com does not market or sell any personally identifiable information to any third party. Notwithstanding TrainingDepartment.com's policies concerning use of personally identifiable data, you agree that TrainingDepartment.com shall nonetheless have the right to maintain and use such information and other data and records pertaining to you and other users of TrainingDepartment.com in the internal operation, administration and management of TrainingDepartment.com and may provide such information to the courts, law enforcement agencies or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person.
Nothing in this Section shall be construed to limit TrainingDepartment.com's use of, or right to other information not covered by the terms of this Section.

VI. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION.
(A) Modification of Terms. TrainingDepartment.com frequently updates, modifies, and otherwise continually seeks to improve TrainingDepartment.com. Such changes often dictate that we simultaneously modify our terms of service. As such, TrainingDepartment.com shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of TrainingDepartment.com, in either case as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by you of TrainingDepartment.com after any such change has been posted shall constitute your acceptance of any such changes. If you do not agree with any such changes, you may cancel TrainingDepartment.com in accordance with the procedures for cancellation set forth in this Agreement. You acknowledge and agree that it is your responsibility to review this Agreement from time to time and to be aware of any such changes. The current version of this Agreement may be obtained by calling a TrainingDepartment.comCustomer Satisfaction Representative and may also be posted in the copyright area of TrainingDepartment.comHome page.
(B) Termination, Cancellation and/or Suspension by TrainingDepartment.com. This Agreement and the license granted hereunder may be terminated, cancelled and/or suspended by TrainingDepartment.com at any time if, in TrainingDepartment.com's determination, you breach these terms of service. Such termination, cancellation and/or suspension by TrainingDepartment.com shall be effective immediately upon notification by TrainingDepartment.com to you in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, TrainingDepartment.com may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from you arising from or relating to the event(s) giving rise to the suspension, termination or cancellation.
(C) Termination or Cancellation by You. You are free to terminate or cancel this Agreement at any time, in accordance with Section III(C).
(D) Obligations Upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this Agreement, you are responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all monthly subscription and storage fees through the entire billing month in which said termination, cancellation and/or suspension occurs. Your payment and other obligations under this Agreement are not suspended, stayed, or otherwise affected by a suspension of your access to or use of TrainingDepartment.com (in whole or in part) where said suspension arises from your failure to comply with, or your violation of, the terms of this Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, You agree to immediately cease using TrainingDepartment.com and remove all TrainingDepartment.com software installed on any computer in your possession or under your control. TrainingDepartment.com shall have no obligation to you after any termination or cancellation of this Agreement.

VII. NO WARRANTIES OR LIABILITIES.
(A) GENERALLY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF TRAININGDEPARTMENT.COM AND THE INTERNET GENERALLY IS AT YOUR OWN RISK AND THAT TRAININGDEPARTMENT.COM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. TRAININGDEPARTMENT.COM WILL USE COMMERCIALLY REASONABLE EFFORTS TO MAKE ACCESS TO TRAININGDEPARTMENT.COM AVAILABLE TO YOU THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS TrainingDepartment.com AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
(B) ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in Section VII(A), TrainingDepartment.com and its affiliates, agents, content providers, service providers, and licensors:
(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLIITY OR FITNESS FOR PARTICULAR PURPOSE OF TRAININGDEPARTMENT.COM GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF TRAININGDEPARTMENT.COM GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
(ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS IN TRAININGDEPARTMENT.COM GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN;
(iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR RELATING IN ANY MANNER TO THE USE OR INABILITY TO USE TRAININGDEPARTMENT.COM GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN. WITHOUT IN ANY WAY LIMITING THE FOREGOING, TRAININGDEPARTMENT.COM SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO TWO TIMES THE LOWEST MONTHLY SUBSCRIPTION FEE FOR YOUR TrainingDepartment.comACCOUNT IN EFFECT FOR THE MONTHLY BILLING PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY YOU ALLEGING LIABILITY.
(C) HIGH RISK ACTIVITIES. TrainingDepartment.comIS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF TrainingDepartment.comCOULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, TRAININGDEPARTMENT.COM AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TRAININGDEPARTMENT.COM'S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

VIII. THIRD PARTY BENEFICIARIES.
Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section VII herein are for the benefit of TrainingDepartment.com and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.

IX. INDEMNIFICATION.
You agree to indemnify, hold harmless, and defend TrainingDepartment.com, and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to the use of TrainingDepartment.comin any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation.

X. U.S. GOVERNMENT RIGHTS
If you are acquiring TrainingDepartment.comon behalf of any part of the United States Government, the following provisions apply. TrainingDepartment.comis deemed to be "commercial software" and "commercial computer software documentation" respectively, pursuant to DFAR Section 227.7202 and FAR 12.212, as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of TrainingDepartment.comby the United States Government or any of its agencies shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

XI. GENERAL.
This Agreement shall be governed by the laws of the State of Missouri without reference to conflict of laws principles. Any dispute concerning this Agreement, or any matter related in any manner to this Agreement, shall be subject to the exclusive jurisdiction of the courts of the State of Missouri located in St. Louis County, Missouri. This Agreement, together with any additional online documents specifically referred to herein, is the entire Agreement between TrainingDepartment.com and you and supersedes any other communications or advertising with respect to TrainingDepartment.com. If any provision of this Agreement is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. You agree to comply with all United States, foreign and local laws and regulations which apply to your use of TrainingDepartment.comincluding, without limitation, export control laws and regulations. In addition to the foregoing, and in addition to any restrictions disclosed to you in the TrainingDepartment.comsign-up process, you agree that TrainingDepartment.comor underlying information or technology (or any component thereof) may not be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, The Maldives, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial Orders. By using TrainingDepartment.comyou are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any local laws in your jurisdiction that may impact your right to use TrainingDepartment.com.

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