HOOD USAGE AGREEMENT (Version 1.0, 14th May, 2010)
The use of and access to this website is provided strictly subject to all the terms and conditions as described in the agreement below. Throughout this agreement, the terms "we", "our" and "us" refer to HOOD GmbH, Keltenring 7, 82041 Oberhaching, Germany (referred to as "HOODâ€ and
"Application Ownerâ€), the term "the Siteâ€ refers to www.HOOD-Group .com "you" refers to an individual applicant or user, the term "Product" refers to E-Learning courseware, software on file servers and/or CDs and documentation.
By using the Site of HOOD, you hereby you accept the Terms and Conditions of this Agreement, as follows:
All titles and copyrights of the HOOD Products and any copies thereof are owned by HOOD. All title and intellectual property rights to the content which may be accessed through use of the Products is the property of HOOD and may be protected by applicable copyright or other intellectual property laws and treaties.
Use of Material Posted by you (the "Feedback")
Any suggestions, corrections, comments, questions, feedback or other communications provided by you to HOOD relating to the Content, Product and/or the Site shall be deemed non-confidential, and you shall not claim any intellectual property rights or other proprietary rights in such Feedback.
HOOD may at its sole discretion freely use the concepts, ideas, know-how and technical information contained in the Feedback, and HOOD may also copy, display, reproduce, exhibit, disclose, transform, adapt, create derivative works and /or distribute such feedback or any portion thereof to others without any obligations or restrictions whatsoever based on intellectual property rights or other proprietary rights. For the avoidance of doubt, it is agreed that HOOD may include the Feedback or portions thereof
in the design, development and commercialization of the Product, Content and/or the site, or other HOOD products or materials.
Materials Provided by Others
You agree that HOOD or any employee thereof is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material.
HOOD is dedicated to supporting an individual's right to have their personal information held in the strictest confidence. This website does not collect personally identifiable information about individuals except when specifically, knowingly and voluntarily provided by such individuals. A user's personally identifiable information will not be transferred, sold or loaned to any third party.
Right of withdrawal
You are responsible to check and to make sure that your equipment meets the system requirements written in the Release Notes of the e-Learning courseware, before you access the first time to our Learn Management System. HOOD cannot be made responsible if the courseware is not working correct by neglecting the Release Notes.
(The following section is only apply to private consumers)
Provided that you are a consumer, you shall be entitled to rescind the order at any time prior the revocation right takes effect, unless otherwise agreed. The customer is not required to give reasons for rescinding the order. If you decide to cancel your order, you must do so before (!) accessing at the first time to our e-learning courseware. In case of revocation of the registration for conferences, workshops and courses see our "General terms and conditions for participationâ€
14 days right to cancel (only apply to private consumers)
If you are consumer you may revoke your declaration to conclude an order within a period of two weeks in textual form (e.g. letter, E-Mail, facsimile) without stating a reason or by returning the goods. The term commences after the receipt of this revocation instruction in textual form, but not until you have received the accounting information and/or the goods and either until the fulfillment of our duty to supply information according to sec. 312 c para. 2 BGB (German Civil Code) in conjunction with sec. 1 para. 1, 2 and 4 BGB-InfoV (German-Civil-Code-Information-Regulation) as well as our duties according to sec. 312 e para. 1 BGB in conjunction with sec. 3 BGB-InfoV. The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. The revocation shall be addressed to:
Phone: +49 89 4512530 Fax: +49 89 45125319
In the event of effective revocation, the services received by either party shall be returned and any benefits that may have been accrued shall be released. If you are unable to return the received goods either in total or in part or only in deteriorated condition, you shall indemnify HOOD for the loss in value, if applicable. This shall not apply in the event that the deterioration of the surrendered goods is due to the inspection of the goods - as it would have been possible in a shop. You may, moreover, avoid such liability of indemnification if he refrains from using the goods as if he owned them and further refrains from any action that would diminish the value of the goods.
A declaration to conclude an order about audio or video recordings or software may only be revoked if the data carriers are sealed. Cancellations made after accessing the first time to our E-learning courseware will not be eligible for refund. In case of revocation of the registration for conferences, workshops and courses see our "General terms and conditions for participationâ€
Refund/Return Policy (only for Companies)
No refunds, returns, or exchanges will be provided to you unless exceptional circumstances exist. The decision about whether to provide or facilitate a refund, return, or exchange is entirely at our discretion. A cancellation fee representing 20% of the sale price will be charged. At our discretion, credit may be given to other HOOD Products after cancellations have been made. Cancellations made after accessing the first time to our E-learning courseware will not be eligible for refund. In case of cancellation of the registration for conferences, workshops and courses see our "General terms and conditions for participationâ€
Payment and Currency
You agree to pay HOOD the total course price specified. All prices on this Site are in â‚¬ EUR (Euro) or in $ USD (US-Dollar). You are able to pay in each of the currencies mentioned above.
Delivery Policy of E-Learning Courseware
Our E-Learning courseware will be made available online to you through our Learning Management System. You will be responsible for providing us with the correct email address and HOOD will be in no way held responsible if the email address that is provided to us is incomplete, inaccurate, outdated, or incorrect.
After HOOD has checked your payment you will get your accounting ID and initial password via email for access to your Learning Management System. This may last 1 or 2 working days. You will then have the ability to access to the Learning Management System for the period of the license that is purchased.
Use of this website
You agree that you will not use the Site:
(a) for the posting, uploading, emailing or other transmission of any material, the publication, dissemination, use or possession of which infringes the rights of any person or which is unlawful in any other respect; (b) in any way which is profane, abusive, defamatory, inappropriate, infringing, indecent, or obscene or which will harass, distress or inconvenience any person or which might restrict or inhibit the use and enjoyment of the Site by any person; (c) for the posting, uploading, emailing or other transmission of any unsolicited or unauthorized advertising, unsolicited promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial exploitation; (d) for the posting, emailing, uploading or other transmission of any material that contains software viruses or any other computer code, files or programs designed to restrict, interrupt, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment; (e) to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site; (f) to re-circulate or transmit any material obtained from the Site to any third party; (g) in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these terms; or (h) in any way that might bring HOOD into disrepute.
Any information sent or received over the internet is generally unsecure. HOOD cannot guarantee the security of any communication to or from the Web Site.
Use of the Product and/or Content
Use of the Product and/or Content is restricted to the Purpose.
You shall NOT:
a) copy the Product and/or Content or any part thereof;
b) modify the Product and/or Content in any way, or reverse engineer, translate, screen scratch, decompile or disassemble the Product nor otherwise attempt to create or derive the source code related thereto;
c) rent, lease, loan, resell or use the Product and/or Content otherwise than as expressly authorized in this Agreement;
d) network the Product, or otherwise use it on more than one (1) computer processor at any one time;
e) use the Product without an accounting ID or password, or attempt to develop any means or technology which would enable you or any third party to bypass the use of the accounting ID or password to operate the Product;
f) use the Product and/or Content in a way that could disable, damage, overburden, or impair any HOOD server, or the network(s) connected to any HOOD server, or interfere with any other party's use and enjoyment of any Product(s) and/or Content;
g) incorporate the Product and/or Content, in whole or in part, in any product or service that You would make available to a third party, on a commercial basis or not;
h) remove or alter any proprietary notices indicating that the Product and/or Content is subject to HOOD or its licensors' intellectual property rights; and
i) develop or otherwise produce or reproduce adaptations, modifications, enhancements, derivative works or improvements of the Product and/or Content or works containing functionality similar to the Product and/or Content in whole or in part.
Unless otherwise explicitly stated, it is assumed that purchases of our products are for a single license for use by one person only. In the case of any activity that does not comply with these terms, this activity will be deemed to be a breach of copyright.
HOOD has the right to suspend or terminate your ability to access the Site, for any reason, without notice. You are able to terminate by providing a written or email notice to HOOD with all appropriate details, including your password. After termination, all applicable provisions of this agreement will survive.
Indemnification You agree to defend, indemnify and hold harmless HOOD and any of its directors, officers, agents and employees from and against any and all third party claims and all liabilities, assessments, losses, costs, assessments or damages resulting from or arising out of or related to (a) any breach by you of any term or condition of this Agreement or (b) your engagement in any transactions on or use of our Site including, without limitation, any disputes between you and another user or any other party and any other claims arising out of or in any way connected with any transactions conducted via our Site. If any such action shall be brought against any indemnified party, they shall notify you in writing and you shall assume and control the defense and settlement of each such action, including the employment of counsel and payment of all expenses. Any indemnified party shall in its sole discretion, have the right to
employ separate counsel in any such action and participate in the defense, at their own cost unless otherwise agreed to by you.
Limitation of Liability
HOOD shall not be liable to you or any third party for any direct, special, indirect, consequential or incidental damages, or any loss of revenue, profits or data, which is incurred or arises out of the use of or the inability to use this Site, or out of any breach of a representation of warranty, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of such damage or loss. In no event shall HOOD total liability exceed the price of the ordered product or a maximum of 50% (fifty per cent) of the license fees paid in the preceding 12 (twelve) months. At our option, this may take the form of repair, re-provision, or payment of the cost of providing the goods and/or services provided. Even if HOOD is creating the content of its e-Learning courseware very carefully, HOOD cannot guarantee you to pass a certification test. Therefore HOOD cannot be held responsible therefore in any way.
Access to the HOOD website and its content, Products and services are provided "as is." As such, the contents of the Site are distributed to you without any warranty of any kind whatsoever. HOOD, its directors and employees, disclaim any and all warranties, express or implied, including, without limitation, any implied warranties of merchantability or a productâ€™s fitness for a specific purpose that relates to the information supplied on the Site. Therefore, your use of the Site and its contents are at your own risk and we shall not be held liable for any damages that you may incur from your use of this Site. Although HOOD makes every reasonable effort to ensure that all information is accurate, it makes no representations that the information presented on the Site is totally accurate, timely, or complete. We will therefore not be liable to you, or any other person, or any organization that seeks relief through you for any decision that is made or any actions that are taken in reliance upon any information presented by HOOD, which results in any special, indirect punitive, consequential, incidental loss or damage of any type that arises from any cause whatsoever, including but not limited to trading losses, loss of anticipated revenue, personal injury, or other indirect loss or damage, even if HOOD has been advised of the possibility of such damages.
This agreement will be governed by the laws of Germany. Court for Jurisdiction: Munich, Germany. This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Products will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations. This Agreement may only be modified in writing signed by an authorized officer of HOOD. Nothing in this legal notice shall
exclude or limit our liability for: (a) death or personal injury caused by negligence; or (b) fraud; or (c) any liability that cannot be excluded or limited under applicable law.
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