Our Terms & Conditions
These terms and conditions (the “Terms”) govern the way in which Kepner-Tregoe (“KT” or “we” or “us”) supply products to you, including any eLearning courses (the “Products”).
Please read these Terms carefully before you submit your order to us. By purchasing KT Products, you expressly agree to the following Terms. These Terms tell you who we are, how we will provide products to you, what to do if there is a problem and other important information. All rights not expressly granted in these Terms are hereby reserved.
You agree to review these Terms periodically to ensure that you are aware of any amendments to them, which may be made at any time.
INFORMATION ABOUT US AND HOW TO CONTACT US
Kepner-Tregoe provides a unique combination of training and consulting services designed specifically to get to the root cause of problems and permanently address your organizational challenges. You can contact us at 1 609-921-2806 or by emailing us at: email@example.com
1. GRANT OF LICENSE
In consideration of your payment, we hereby grant you a license to use the purchased Products solely for personal non-commercial purposes (the “License”). This License is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms.
This License is personal to you and cannot be shared or exchanged with others.
We develop, distribute and maintain the Products and will also provide you with log-in details allowing you access to the Products. We will also manage your access to the Products and provide support to you in connection with logging onto the system, where necessary.
You shall not copy, modify, transmit, distribute, sell, rent, lease, loan or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these Terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute sell, rent, lease, loan or in any way exploit the Products or any other copyrighted materials.
3. ACCESS TO MATERIALS
The starting date of your access to the Products is deemed to be the date that you first have access thereto as set forth in the Course Description. As a matter of course, we will attempt to contact you prior to your license expiration. As such, it is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost.
KT disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. KT makes no representations or warranties that you will be provided with uninterrupted access to the Products, which are provided on an “as is” and “as available” basis without any warranties. Your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, viruses, worms, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these Terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
4. PRICING AND PAYMENT
We use a domestic or international third-party payment provider, which may result in international transaction fees billed to your credit card to collect payments for all fees. Payment for the Products must be made at the point of purchase.
You agree to provide payment for the Products in the stipulated currency and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products.
Your payment includes the licensing of the Products to you for a limited period of time as set forth in the Course Description. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.
We reserve our right to review and change the pricing of any of our Products. This will not affect Products that have already been purchased.
5. REFUND POLICY
We do not issue refunds for Products once the order is confirmed. We can issue a refund if there is a technical problem and we can’t help you resolve the matter. There is no obligation on KT’s part to provide a refund or credit in the following situations:
-You change your mind about an item;
-You bought an item by mistake;
-You do not have sufficient expertise to use an item;
-Your access to the Products is inhibited due to insufficient system requirements.
It is your responsibility to ensure that you meet the system requirements as detailed in the Course Requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any Products.
6. INTELLECTUAL PROPERTY
All rights, title and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by KT. While you may utilize the intellectual property, you understand that there shall be no transfer of ownership of the same.
Nothing that you see or read in the Products may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use.
All other trademarks, service marks and trade names in this material are the marks of the respective owners and any unauthorized use is prohibited.
7. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
You expressly understand and agree that KT and its affiliates, officers, employees, agents, partners and licensors shall not be liable to you in any way for any direct, indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses resulting from: (i) the inability to access the Products; (ii) the cost of procurement of substitute goods and services resulting from any Products purchased; or (iii) any other matter relating to the Products purchased.
We do not exclude or limit our liability to you in any case where it would be unlawful to do so.
If any exclusion or limitation of liability is held inapplicable or unenforceable, then our liability to you for any direct or non-direct type of damages shall be limited to the amount you have paid for the Products. In no event shall we be liable for damages in excess of this sum.
8. OTHER IMPORTANT TERMS
You need our consent to transfer your rights under these Terms to someone else. We may not agree to this as these Terms grant a License for your benefit only.
Nobody else has any rights under these Terms – they are between you and us. No other person shall have any rights to enforce any of its Terms.
If a court finds part of these Terms illegal, then rest will continue in force.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
9. GOVERNING LAW/VENUE
This Agreement shall be governed by the substantive laws of the State of New Jersey, without regard to its conflicts of law principles. The venue for any dispute arising hereunder shall be the state or U.S. federal courts located in New Jersey.
10. GENERAL INDEMINFICATION
You agree to defend, indemnify and hold harmless KT, its shareholders, directors, officers, employees, agents, attorneys, parent companies, subsidiaries and affiliates from and against any and all claims, liabilities, judgments, penalties, taxes, costs and expenses (including reasonable attorney fees and costs) arising out of or related to your breach of this Agreement or any of its representations, warranties, covenants or undertakings hereunder. KT shall promptly notify you of any action commenced on such a claim. KT shall have the right at all times, in its sole discretion, to retain or assume control of the defense of any such claim. You agree not to settle any claim unless you have received consent in writing from KT expressly authorizing you to do so.
The failure of KT to insist upon or enforce strict conformance by you of any provision of these Terms or to exercise any right under these Terms shall not be construed as a waiver or relinquishment of KT's right unless made in writing and shall not constitute any subsequent waiver or relinquishment.
12. INVALID PROVISION
The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.
13. ATTORNEY FEES
In the event that any legal proceeding is required by KT in order to enforce or interpret any of the provisions of these Terms, KT shall be entitled to recover all reasonable costs and expenses, including attorney fees, incurred in connection therewith and on any appeal.
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