IMPORTANT--PLEASE READ THIS ONLINE COURSE LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY. BEFORE USING THE GREENandSAVE EcoAcademy ONLINE MATERIALS CONTAINED ON THIS WEB SITE, YOU MUST ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BY ELECTRONICALLY SELECTING THE BOX MARKED "I AGREE" ON THE REGISTRATION FORM. THIS AGREEMENT IS SUPPLEMENTARY TO, AND INCORPORATES ALL OF THE TERMS AND CONDITIONS OF USE OF THE GREENandSAVE WEB SITE.
License
In consideration of the subscription fee paid by you or by an institution on your behalf, the GREEN
andSAVE EcoAcademy (hereinafter referred to as “EcoAcademy”, “we” or “us”), grants you, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable license and right to use and access individual screens containing and view video components (if any) and listen to audio components (if any) of the Materials in connection with any particular EcoAcademy course you have ordered from us, or we have granted you access to, on a single computer.
Ownership
Unless otherwise noted, all materials, including, but not limited to all text, editorial content, images, graphics, logos, illustrations, photographs, video, audio, and other materials, as well as the designs, icons, layout, "look and feel," and all other graphical elements of this Web site and all code and software of this Web site and all copyrights, trademarks, service marks, trade names, patents and other intellectual property rights in any of the foregoing (collectively, the “Materials”) are the sole and exclusive property of EcoAcademy (or its subsidiaries, affiliates, or designees) or its third-party licensors, and are protected by U.S. laws and international treaties. By indicating that you accept these terms, you do not become the owner of the Materials, but are entitled to use them as specifically permitted under the terms of this Agreement and subject to all additional intellectual property notices, information or restrictions accessed through this Web site.
Subscription Term
You have obtained the right to use and access the Materials for a specific limited period of time, i.e., the subscription period, which varies from course to course from the date of registration for individual subscribers. At the end of this period, your license and your associated rights will expire automatically, unless you renew your subscription under the EcoAcademy’s LMS (Learning Management System) then-current terms. The Agreement and your license to use the Materials will also automatically terminate if you fail to comply with any term or condition in this Agreement. In the event this license is terminated, you must immediately destroy any copies you have made of the Materials and you will not be not entitled to a refund of any registration, license or other fee paid by you to EcoAcademy.
Permitted Uses and Prohibitions
Notwithstanding anything to the contrary stated in this Agreement, you are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer or in any manner distribute or otherwise use or permit others to use any
Materials or any copies thereof. Use of the Materials on a computer network, or concurrent use of Materials by others is prohibited. You must not reverse engineer, decompile or disassemble any Materials.
Use of Professional Judgment
EcoAcademy and the editors and authors of the EcoAcademy programs have conscientiously and carefully tried to provide current and straight forward ideas, measures, solutions, and likely alternatives that conform to the standards of professional practice that prevailed at the time of publication. While EcoAcademy used reasonable efforts to see that no inaccurate or misleading data, opinions, or statements appear in this program, we do not warrant or guaranty the completeness or accuracy of the Materials.
Additionally, standards and practices in the New Green Economy change as new data becomes available and the individual should consider a variety of sources in making decisions for individual clients. Although updates to our Materials are issued periodically we do not guaranty the timeliness of any Course Materials.
EcoAcademy courses describe basic principles of Building efficiency checkups. The information provided in EcoAcademy courses is no substitute for individual building assessment based upon the consultant's examination of each property and consideration of other factors unique to the client. EcoAcademy should be used as an educational tool to help the user be aware of diagnostic and treatment options, bearing in mind that individual and unique circumstances may lead the user to reach decisions not presented in EcoAcademy courses.
Accordingly, the GREEN
andSAVE EcoAcademy , and their respective employees, officers, and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, opinion, or statement. You agree to defend, indemnify and hold harmless EcoAcademy, its officers, directors, trustees, employees, agents and third party suppliers and licensors from and against any claims, actions, demands, judgments, liabilities, fines, penalties and expenses, including but not limited to reasonable attorneys fees, resulting from or alleged to result from, your use of or reliance upon any Materials.
NO WARRANTY
NEITHER EcoAcademy NOR ANY THIRD PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE MATERIALS MAKES ANY WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MATERIALS, WHICH ARE LICENSED "AS IS". ALL WARRANTIES ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. ANY STATEMENTS OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR ENTITY ARE VOID. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, PERFORMANCE, AND ACCURACY OF THE MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL EcoAcademy OR ANY THIRD PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, PROMOTION OR MARKETING OF THE MATERIALS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF EcoAcademy OR SUCH OTHER THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EcoAcademy OR SUCH OTHER THIRD PARTY'S LIABILITY FOR ANY DAMAGES OR LOSS TO YOU OR ANY OTHER PARTY EXCEED THE LICENSE FEE YOUR INSTITUTION PAID FOR THE LICENSED MATERIALS.
Some jurisdictions do not allow limitations on how long an implied warranty lasts and some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, exemplary, or consequential damages, or the limitation of liability to specified amounts, so the above limitation and exclusion may not apply to you if prohibited by applicable law. You may also have other rights which vary from jurisdiction to jurisdiction. You agree that this Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.
General
If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, it shall be deemed omitted and the remaining provisions shall continue in full force and effect. This Agreement may be modified only in writing authorized by EcoAcademy. EcoAcademy's waiver of any right shall not constitute a waiver of that or any other right in the future. This Agreement shall be governed by and construed in accordance with the laws and in the state and federal courts of the State of Delaware, USA. EcoAcademy makes no representation that this material is appropriate for users in other jurisdictions. This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements, and undertakings, oral or written, are hereby expressly superseded and canceled.
Should you have any questions regarding this Agreement, you may contact Howard Lubert, the Executive Director of the EcoAcademy by email at;
HLubert@GREENandSAVE.com or by phone at 610-971-4067.
I have read and hereby agree to the terms and conditions of this OnLine Course License Agreement.
