INNOVATION RESEARCH & TRAINING
ONLINE MENTORING TRAINING OR SUPPORT COURSES OR RESOURCES PROGRAM
END USER LICENSE AGREEMENT
Please carefully read these terms before using the online MENTORING training OR SUPPORT COURSES OR RESOURCES program ("Services") provided by Innovation Research & Training, Inc. ("iRT"). By clicking the "YES" button below and using iRT's SERVICES, you are entering into an agreement with iRT. Your acceptance of this End USER License Agreement ("Agreement") acknowledges that you have read and understood the Agreement and agree to abide by ITS terms. If you do not agree to all of the terms in the Agreement, you must not access or otherwise use the sERVICES.
This Agreement is by and between you, an individual or an individual ("User") acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using iRT's Services, and iRT, a North Carolina corporation located at 1415 W. NC Highway 54, Suite 121, Durham, NC 27707. iRT is the owner of the web site through which you have requested iRT's Services. Use of all proprietary materials provided in connection with the Services is subject to the terms and conditions of this Agreement.
1. Grant of License. In consideration for your adherence to the provisions of this Agreement, iRT grants you a personal, non-exclusive, non-transferable license to access and use iRT's Services. To the extent that takeaway training materials ("Training Materials") are provided in connection with the Services, iRT further grants you a personal, non-exclusive, non-transferable license to maintain one (1) hardcopy of the Training Materials for the sole purpose of utilizing them in your mentoring or youth development efforts.
3. Restrictions and Limitations.
a. You may not use, copy, or modify the Services or any part thereof except as expressly provided in this Agreement. You shall not reverse engineer, decompile, disassemble, duplicate, rent, lease, loan, resell, or distribute the Services or the software underlying the Services ("Software") or any part thereof in any way including, but not limited to, making the Services or any part thereof available to others electronically or by sharing your access through providing someone else with your UserID and Password.
b. The license granted hereunder is personal to you. Any attempt by you to transfer any of the rights, duties, or obligations hereunder shall be void and shall terminate this Agreement.
4. Use of Your Information. You acknowledge that information (i) provided to, (ii) collected by, or (iii) stored by, iRT through your use of the Services is considered non-confidential and may be disclosed to others by iRT at its discretion for business purposes. Notwithstanding the foregoing, iRT shall treat such information as confidential and shall only disseminate such information for legitimate business purposes or if legally compelled. Legitimate business purposes include, but are not necessarily limited to, sharing (i) contact and substantive information collected during Your interaction(s) with the Services with the Customer who purchased Your license to access the Services for its own evaluation and monitoring purposes, and (ii) Your information with third party content providers that may have contributed to the content of the Services subject to this Agreement for marketing, survey, feedback and support purposes.
5. Ownership. The Services, including any text, software, music, sound, photographs, graphics, video, or other materials associated therewith, including all derivative works, is the property of iRT and, if applicable, its licensors. Use of the Services is subject to applicable copyright, trademark, patent, trade secret, and other proprietary rights. Any rights not expressly provided to you by this Agreement are reserved by and remain the property of iRT. The Services are licensed to you, not sold.
6. Term and Termination.
a. Your license will terminate immediately if you breach this Agreement in any way. Your license may also terminate in the event of the termination or expiration of iRT's agreement with your employer, a corporation, partnership, or other legal entity that will be using iRT's Services or the end of iRT's agreement with a third-party content provider or licensor of all or part of the Services.
b. iRT reserves the right to terminate your license at any time for any reason without prior notice to you.
7. Updates to Services. iRT may, from time to time, update the Services. iRT does not, however, warrant or guarantee that the Services will be updated at any time during the term of this Agreement or that any defects to the Services will be corrected.
8. References. To the extent that the Services refer to any third-party product or service, iRT does not recommend, warrant, or guarantee such product or service. To the extent that the Services refer to any example company, organization, product, contact information, person, place, or event, such reference is fictional, and no association with any real company, organization, product, contact information, person, place, or event should be inferred.
9. Disclaimer of Warranties.
a. You expressly acknowledge that your use of the SERVICES is at your sole risk and that the SERVICES ARE provided "as is" and "as available." iRT shall not be responsible for any damage to your computer system or loss of data resulting from your use of the SERVICES.
b. iRT, to include its third party service providers, expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
c. iRT, to include its third party service providers, does not warrant that its SERVICES will meet your requirements; that your access to the SERVICES will be uninterrupted, timely, secure, or error free; or that the information obtained through the SERVICES is reliable or accurate. iRT makes no warranty regarding the results obtained from the use of the SERVICES.
d. Some jurisdictions do not permit the exclusion of certain warranties. Some of the exclusions contained in this Agreement, thus, may not apply to you.
10. Limitations of Liability.
a. iRT, to include its third party service providers, shall not be liable for any indirect, incidental, special, or consequential damages resulting from your use, or inability to use, the SERVICES; for the cost of obtaining substitute goods and services; or for any damages or loss of profits, use, data, or other intangibles even if iRT has been advised of the possibility of such damages.
b. iRT shall not be liable for any and all matters relating to this Agreement for any amount in excess of the greater of $50 or the license fees you paid OR THAT WERE PAID ON YOUR BEHALF.
c. Some jurisdictions do not permit the limitation or exclusion of liability for incidental or consequential damages. Some of the limitations, THUS, may not apply to you.
11. Miscellaneous.
a. iRT may modify this Agreement at any time without providing prior notice to you. Such modifications shall be effective immediately upon posting the amendments to the website through which you access the Services or through other means of notifying you. Your continued access or use of the Services shall be deemed to be your acceptance of any such amendments.
b. This Agreement shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts having jurisdiction over the county in which iRT maintains its principle place of business.
c. The failure of iRT to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
d. If any portion of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the remaining provisions shall remain in full force and effect and that the court should attempt to give effect to the parties' intentions as reflected in the stricken portion.