Legal

Terms of Use

Toolwire, Inc. (also referred to as the “Company”) maintains this Website to provide you (an individual, corporation or other entity) with information about our products and services and access to our courseware. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM AS FULLY AS YOU WOULD BE IF THEY WERE SET FORTH IN A WRITTEN CONTRACT SIGNED BY YOU. ONCE ACCEPTED BY YOU AS EVIDENCED BY YOUR USE OF THIS WEBSITE, THESE TERMS OF USE WILL CONSTITUTE A CONTRACT BETWEEN YOU AND TOOLWIRE.

General

Except as provided herein, no portion of the Company’s Website(s) or its contents may be reproduced in any form, or by any means, without the prior written consent of the Company. The Company reserves the right to change these Terms of Use from time to time at its sole discretion. In the case of any violation of these Terms of Use, the Company reserves the right to seek all remedies available by law and in equity for such violations, including immediate termination of your access to the Website and injunctive relief.

Limited License

The Company grants you a limited, nonexclusive, nontransferable, personal license to utilize this Website and its contents, subject to these Terms of Use. The Company reserves all rights not expressly granted by these Terms of Use. Any unauthorized use of this Website or its contents inconsistent with these Terms of Use shall terminate the rights granted to you by these Terms of Use.

Use of Website Information

The design, layout, documents, logos, graphics, sounds, images, LiveLabs, courseware, software and other features of this Website or contained in this Website (“Content”) are subject to applicable patent, copyright, trade secret, trademark, and other rights. You may view, copy and print Content solely for personal, informational and noncommercial purposes provided that the Content is not modified or altered in any way and carries the Company’s standard copyright notice. You may also use Content as necessary in order to complete training courses purchased from the Company, its resellers, agents or distributors. If you are a Company reseller, agent or distributor, you may use Content to support sales of the Company’s training courses and other products and services. Unless explicitly granted hereby, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any patent, trade secret, trademark, copyright or other intellectual property right of the Company or any third party. You may not use, download, upload, copy, print, display, perform, reproduce, modify, publish, license, post, transmit, distribute or create any derivative works of any Content, in whole or in part, without the express written consent of the Company. You may not mirror any Content onto any other server or website, directly or indirectly. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Company without Company’s express written consent. You may not use any metatags or any other hidden text that uses the Company’s name or trademarks without the Company’s prior written consent. All Content, and any other materials provided by the Company, are the property of the Company or its suppliers, and are protected by their respective copyrights, trademarks, trade secrets, and patent rights, in all forms, media, and technologies existing now or hereafter developed.

Compliance With Applicable Laws

Content is made available only to provide information about the Company’s products and services and to deliver its training courses. The Company administers and operates this Website from its corporate headquarters in the State of California, United States of America. The Company makes no representation that the Content is appropriate or available for use in any other locations. You are responsible for compliance with all laws governing your access and use of this Website. All applicable federal, state, and local laws govern your access to this Website. All information available on this Website is subject to U.S. export control laws to the extent applicable and may also be subject to the laws of the country in which you reside.

Warranty Disclaimer

Although the Company has attempted to provide accurate information on this Website, the Company assumes no responsibility for the accuracy of the Content or the uninterrupted operation of this Website.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CONTENT IS PROVIDED “AS IS.” TOOLWIRE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE OPERATION OF THIS WEBSITE AND ITS CONTENT. TOOLWIRE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, FOR THE WEBSITE, ITS CONTENT AND ANY OTHER MATERIAL PROVIDED HEREUNDER BY TOOLWIRE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TOOLWIRE DOES NOT WARRANT THAT THE CONTENT IS ERROR-FREE, THAT ITS OR THE WEBSITE’S OPERATION WILL BE UNINTERRUPTED, OR THAT EITHER WILL MEET ANY PARTICULAR USER REQUIREMENTS. TOOLWIRE HEREBY DISCLAIMS ANY AND ALL LIABILITY ON ACCOUNT THEREOF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TOOLWIRE MAKES NO WARRANTY OR REPRESENTATION, AND PROVIDES NO ASSURANCES, THAT THE CONTENT WILL MEET CERTIFICATION REQUIREMENTS OF ANY REGULATORY, LICENSING AGENCY, OR OTHER THIRD PARTY, WITHIN OR OUTSIDE OF THE UNITED STATES.

Limited Remedies

TOOLWIRE SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS) ARISING FROM THIS WEBSITE, USE OR INABILITY TO USE THIS WEBSITE, OR OPERATIONS OF THE WEBSITE OR USE OF CONTENT, EVEN IF TOOLWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TOOLWIRE SHALL NOT BE LIABLE FOR ANY CLAIMS OF THIRD PARTIES RELATING TO THE CONTENT.

LOCAL LAW MAY PROVIDE YOU WITH GREATER WARRANTIES OR LIMIT THE LIMITED REMEDIES SET FORTH ABOVE. TOOLWIRE’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, OR TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, OR OTHER CAUSE OF ACTION) WILL NOT EXCEED THE GREATER OF 1) THE AMOUNT YOU PAID FOR THE ASSOCIATED TRAINING COURSE YOU HAVE PURCHASED FROM TOOLWIRE OR 2) $100.00.

Indemnity

You agree to defend, indemnify, and hold harmless Toolwire, its officers, directors, employees, and agents from and against any and all third party claims, liabilities, damages, losses, or expenses, including reasonable attorney fees and costs, arising out of or in any way connected with your access to or use of this Website or the Content.

Links to Third Party Sites

This Website contains links to third party Websites. Access to any third party Website linked to this Website is at your own risk. Toolwire is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements set forth in these other Websites. Toolwire provides these links merely as a convenience and the inclusion of such links does not imply an endorsement and shall not result in any Toolwire liability.

Access to Password Protected/Secure Areas

Access to and use of password protected and/or secure areas of the Website, including the Company’s Course Management System and LiveLabs, is restricted to authorized users only. Unauthorized access to these areas of the Website is strictly prohibited. You agree not to seek such access unless you have received or obtained such authorization expressly from Toolwire.

Choice of Law, Jurisdiction and Venue

These Terms of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of California, in the United States of America, as those laws are applied to contracts entered into and to be performed entirely in California by California residents, notwithstanding any principles of conflicts of law. Any legal suit, action, or proceeding arising out of or relating to this these Terms of Use shall be commenced in a federal court in Oakland or San Francisco, California or in state court in Alameda County, California, and you irrevocably submit to the personal and exclusive jurisdiction and venue of any such court in any such suit, action, or proceeding and waive any right which you may have to transfer or change the venue of any such suit, action or proceeding, except removal to federal court of any suit, action or proceeding commenced in a state court.

Attorney Fees

If any legal action or proceeding is brought for the enforcement of these Terms of Use or arises from the alleged breach, dispute, default or misrepresentation in connection with any of the provisions of these Terms of Use, the prevailing party or parties shall be entitled to recover reasonable attorney fees and other costs incurred as a result of the legal action or proceeding.

The Company’s Standard Copyright Notice

©1994 – 2013 Toolwire, Inc. All Rights Reserved.

Trademark Information

Toolwire®, Logilent® are registered trademarks, and LiveLabs, LiveLabs OnDemand, Enterprise LiveLabs, and SmartLabs are trademarks of Toolwire, Inc. in the USA and certain other countries. All other product names are trademarks or registered trademarks of their respective owners.

Termination

The Company may suspend or terminate the limited license granted herein if you fail to comply with any provision of these Terms of Use. Upon written or electronic mail notice of suspension or termination from the Company to you, you agree immediately to terminate your access to this Website and use of the Content.

Entire Agreement

These Terms of Use, Toolwire’s Privacy Policy, and any end user license agreement or purchase contract between you and the Company constitute the entire agreement between you and the Company with respect to this Website, and supersedes and voids all other terms and conditions with respect to use of the website.

© 1994 – 2013 Toolwire, Inc. All Rights Reserved.

Effective Date: June 1, 2005