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Read this Agreement Carefully
Any copying or other use of the Course or portions thereof outside the terms of this Agreement by You is strictly prohibited and may subject You to penalties under U.S. and international law.
By using this Course Portal, You understand and agree that You are executing this Agreement and agree to be legally bound by the terms of this Agreement as if You had signed a hard copy Agreement. If You do not agree to the terms and conditions of this Agreement, exit this site and un-enroll for the Course.
LOMA has developed this LOMA course, which includes a textbook, test preparation guide, other study aids, study plan, other resources, and exams (“Course Materials”) and software that are made available to You on this site (“Course Portal”) (hereinafter referred to collectively as the “Course”).
In consideration of the mutual covenants, promises and representations contained herein, the Parties hereto agree as follows:
Grant of License. LOMA grants You a limited, non-transferable, non-exclusive license to access, use and study for the Course subject to the terms and conditions set forth in this Agreement. You agree that Your access to the Course is being provided by LOMA strictly for Your own personal educational purposes and that use of the Course for any other purpose requires a separate license agreement from LOMA. You agree not to engage in any activity deemed by LOMA to be in conflict with the intent of this Agreement.
While taking this Course, You agree to comply with all terms and conditions of this Agreement and all applicable laws, rules, and regulations and to respect the rights of others taking the Course. In particular You agree not to:
Take any action or post or transmit any data or information which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, or otherwise harmful or objectionable.
Post or transmit any material that You do not have a right to reproduce, display, or transmit.
Post or transmit any material that contains a virus, Trojan horse, or corrupted data.
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity, or forge anyone else's Student Number or password.
Violate any applicable local, state, national or international law.
Disclose Your Student Number or password to any third party individual or entity without the express written consent of LOMA. You understand and agree that Your Student Number and password are to be maintained as personal and confidential information. The use of Your Student Number and password for access to the Course by anyone except for You is a breach of this Agreement and a violation of LOMA's rights under this Agreement. You are responsible for taking reasonable measures to prevent access by other persons to Your Student Number and password.
LOMA reserves the right to refuse access to the Course to any user or entity who, in our sole discretion, violates this Agreement. Such a prohibition may occur without notice to the user. If You believe another user is violating these terms, You may notify LOMA, and we will work in good faith to resolve any such issues.
LOMA reserves the right to investigate suspected violations of this Agreement, including the gathering of information from the user or users involved and the complaining party, if any, and examination of any material on servers, networks, and systems hosted either by LOMA or LOMA’s partners.
You understand that the ideas, suggestions, general principles, conclusions, and any other information and content of the Course are presented here for general educational purposes only. You understand that this Course is neither designed nor intended to provide the reader with legal, accounting, investment, marketing, or any other type of professional advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
You understand that by accessing the Course you are assuming all risk and responsibility for Your use of the Course. If you are accessing the Course under the auspices of an employer, you furthermore warrant that you have Your employer's authority and permission to access, use, and study the Course and to agree to the terms and conditions expressed in this Agreement.
Limitations on License
You understand and agree that the Course is the sole property of LOMA, its affiliates, licensors, or other copyright holders (“Third-Party Owners”) and that all content, software, and documentation available for access or download as part of the Course is owned by and the copyrighted work of LOMA or Third-Party Owners.
You understand and agree that the Course is licensed to You ONLY for Your own personal, non-commercial, educational use for the purpose of taking the LOMA Course. You understand and agree that any violation of the terms of this Agreement may result in dismissal from the Course and from any educational program that the Course is a part of.
You agree not to distribute, grant access to, print for others, or otherwise make available the Course or any portions thereof to any other individual, group, or entity in any form, format or media or by means of any technology for any purpose without the express written permission of LOMA.
Prior to the LOMA Course expiration date, You may only
Access the Course and view all of the Course Materials on Your home computer and Your office computer and/or Your mobile device.
Download, store, and save the downloadable Interactive Study Aid according to the terms of the Interactive Study Aid License Agreement.
Print one (1) hard copy of any PDF documents provided within the Course, including the text and the Printable Test Preparation Guide (“Printable TPG”), for Your own personal use. Any copy of the PDF documents printed under this Agreement shall include ALL pages, including every page on which LOMA's or a Third-Party Owner’s copyright notice appears. All statements in the text or Printable TPG that authorize or limit permission to print or reproduce LOMA's or a Third-Party Owner’s intellectual property shall remain visible and not be obscured. LOMA or a Third-Party Owner shall have the right to revise its copyright notices and to require any other such intellectual property notices as provided by LOMA or Third-Party Owners from time to time to protect the interests of LOMA or Third-Party Owners in the Course Materials. You shall not remove or alter any copyright, trademark, or other proprietary notice placed by LOMA or Third-Party Owners on the Course Materials.
You understand and agree that You may not create any derivative works based on it.
LOMA reserves the right to modify or discontinue the Course at any time.
You understand that the Course contains direct links to third party websites. LOMA neither developed nor has control over the materials and information contained in these linked websites. Information or material contributed or posted to the Course by third parties is not owned by LOMA, nor does LOMA exercise any control, editorial or otherwise, over such information or materials. LOMA assumes no responsibility for any materials accessed on the Course through hypertext or other computer “links” to sites hosted by third parties that are outside of LOMA’s control (“Third-Party Site”). LOMA does not endorse products, services or information provided by such third parties and shall not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with, use or reliance on any content, goods or services available on or through any Third-Party Site or otherwise posted by third parties on the Course. Likewise, the inclusion of links to Third-Party Sites in the Course does not imply that the owners of such Third-Party Sites have given permission for inclusion of these links, or otherwise sponsored or endorsed the Course. LOMA is not responsible for the accessibility of Third-Party Sites accessed through links in the Course. Should You discover that a link to a Third-Party Site is broken, no longer pointing to the content so indicated in the Course, or otherwise pointing to inappropriate content, please see Section 14 Contact LOMA.
You understand that LOMA cannot and does not guarantee or warrant that the Course and files made available for downloading through the Course will be free of infection or viruses, worms, Trojan horses or other code that contain contaminating or destructive properties. You are responsible for implementing sufficient anti-virus and other procedures and checkpoints to satisfy Your particular requirements for security and accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
You expressly agree that accessing, downloading, or otherwise obtaining the Course or any portion thereof is done at Your own risk and that You will be solely responsible for any damage to Your network or computer system or loss of data that results from such actions.
You shall not use automated means to access or index the Course or any portion thereof, including but not limited to any metadata associated with the Course.
You shall not bypass, modify, tamper, defeat or circumvent any of the security components, special rules or other applications that protect the Course. You shall not violate the security of the Course or attempt to gain unauthorized access to the Course, any portion thereof, or computer systems or networks connected to any service of the Course through hacking, password mining or any other means.
You shall not interfere or attempt to interfere with the proper working of the Course or any activities conducted on or through the Course including taking or attempting any action that, in the sole discretion of LOMA, imposes or may impose an unreasonable or a disproportionately large load or burden on the Course or the infrastructure of the Course.
You shall not violate any applicable local, state, national or international law or the academic rules or other policies of Your company, educational institution or other sponsoring organization, or engage in any conduct which otherwise diminishes the pedagogical or commercial value of the Course.
Companies, universities, libraries or other similar institutions gaining access to the Course hereunder shall not be allowed to make the Course available to any third party, including their faculty, students, patrons, members or any other person without executing a separate license agreement with LOMA.
If You access the Course from a location outside the United States, You are responsible for compliance with all local and International e-commerce laws. You agree that You will not access or use the Course in any country or in any manner prohibited by United States export control laws or any other applicable laws, restrictions or regulations.
Monitoring. LOMA has the right to monitor the use of its Course to determine compliance with these terms and any operating rules established by LOMA; and to satisfy any law, regulation or authorized government request.
Intellectual Property. Domestic and international copyright and trademark laws protect the entire contents of the Course. Any copying or other use of the Course or portions thereof outside the terms of this Agreement by You is strictly prohibited and may subject You to penalties under U.S. and international law. You expressly acknowledge and agree that LOMA and Third-Party Owners are the sole and exclusive owners of all existing and future copyrights (including without limitation, the right to reproduce, distribute copies of, display, perform and/or to prepare derivative works based on the copyrighted Course), copyright applications and registrations and any renewals or extensions thereto, moral rights, rights of the works of visual arts, patent rights, trade secret rights, trademark rights, service mark rights, trade dress rights, confidential information rights (including without limitation customer lists) and the goodwill associated with same, and all other ancillary rights or other proprietary or intellectual property rights of any kind or nature (all of the foregoing collectively the (“Intellectual Property”) in the Course and any portion thereof (including, without limitation, any adaptations and translations and related materials whether printed or online or electronic file) and all are original works exclusively owned by LOMA or Third-Party Owners. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE COURSE OR ANY PORTION THEREOF, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT THE EXPRESS WRITTEN PERMISSION OF LOMA. All Intellectual Property and other proprietary rights in the Course and in the services, products, software, text, graphics, tests, assessments, design elements, audio, music, and all other materials associated with the Course are reserved to LOMA or Third-Party Owners. Any trademarks, logos, and service marks (collectively the “Trademarks”) displayed in the Course, whether registered or unregistered are the property of their respective owners. Nothing contained in the Course should be construed as granting by implication, estoppels or otherwise, any license or right to use any Trademarks displayed in the Course without the written permission of the owner of the Trademark. Misuse of any Trademarks or any other content displayed is prohibited. Your accessing and use of the Course constitutes an acknowledgement that You have no rights in the Course except for the license granted herein. You agree to assist LOMA in whatever reasonable ways LOMA may deem appropriate in protecting and enforcing its intellectual property rights.
Disclaimer of Warranties. LOMA warrants that it is entitled to grant You the licenses granted in this Agreement. THE COURSE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES AS TO THE AVAILABILITY, QUALITY, ACCURACY, OR COMPLETENESS OF THE COURSE. LOMA SHALL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF THE COURSE SUCH AS LOST TIME, LOST PROFITS, LOST GOODWILL, COMPUTER PROBLEMS, OR OTHER SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARE FORESEEABLE OR WHETHER SUCH DAMAGES ARE DEEMED TO RESULT FROM THE FAILURE OF ANY EXCLUSIVE OR OTHER REMEDY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOMA AND THIRD-PARTY OWNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. LOMA AND THIRD-PARTY OWNERS DO NOT WARRANT THAT ACCESS TO THE COURSE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE COURSE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LOMA AND THIRD-PARTY OWNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE COURSE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF THE COURSE TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF THE COURSE, INCLUDING THOSE TO ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL THE COURSE BE DEEMED LEGAL, TAX OR SUCH OTHER PROFESSIONAL ADVICE. YOU ARE ENTIRELY RESPONSIBLE FOR OBTAINING YOUR OWN LEGAL, TAX OR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED PROFESSIONAL.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL LOMA OR THIRD-PARTY OWNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, ARISING OUT OF THE DOWNLOAD, USE OF, OR INABILITY TO USE THE COURSE WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE TOTAL AMOUNT OF LIABILITY OF LOMA TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY OR ON BEHALF OF YOU FOR ENROLLMENT IN THE COURSE.
Indemnification. You agree to indemnify and hold harmless LOMA, its employees, its agents, and their successors and assigns against any loss, liability, cost or expense (including reasonable attorneys' fees) asserted against or suffered or incurred by LOMA as a consequence of, or in the defense of, any claim arising from or in connection with You, Your Company, Company's employees, or their successors’, agents’, heir’s, and/or assigns’ use of the Course or services that are the subject of this Agreement, or arising out of any breach by You of the representations, warranties, covenants or agreements set forth herein, or any failure by You to comply with all applicable laws and regulations, or arising out of or related to any privacy or security breach of any Personal Information (as defined by governing law) in Your possession or control.
Term. Your access to the Course commences the day You enroll for the Course and runs for the specific term defined on LOMA’s learning management system, regardless of whether the Course is used. Your obligations under this Agreement will exist until said term expires or the access is terminated by You or LOMA.
Termination. You may terminate this Agreement and Your rights to use the Course at any time and without cause. LOMA may, in its sole and absolute discretion, and with or without notice, at any time and for any reason, (a) remove, suspend, or disable access to all or any portion of the Course (b) terminate any license granted herein; or (c) terminate this Agreement.
Survival. All sections of this Agreement that by their respective nature should survive the expiration or termination of this Agreement shall survive expiration or termination.
Revision of the Agreement. LOMA may revise this Agreement at any time effective immediately and without notice to You by updating this Agreement on the Course Portal. Continued use of the Course constitutes Your acceptance of the terms of the modified Agreement.
Contact LOMA. You shall give notice of change to Your registration information through Your online course registration system or through the Office of the Registrar. Any questions about this Agreement or the Course and their availability or security (including any concerns or reports regarding broken links or any other technical or customer support issues) may be reported to LOMA’s Office of the Registrar at the contact information below. If Your question or concern pertains to particular content or links on the Course, please include the originating LOMA page URL, any linked page URL and a description of the content in question to ensure LOMA can quickly respond to the issue. Notice by You shall be effective on the date that LOMA actually receives the notice.
Assignment. You may not assign this Agreement or any right or obligation hereunder. You agree that LOMA may assign this Agreement in whole or in part, along with the attendant rights, duties, obligations and benefits only to a corporation owned in whole or in part by LOMA or to a successor organization or affiliate.
Official Version. Regardless of whether a copy of this Agreement is translated into another language, the official version shall be the English language version, which shall prevail in all cases.
Governing Law. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. This Agreement shall be governed by and construed and enforced in accordance with the laws of the United States and the State of Connecticut without giving effect to conflicts of law principles. In the event that either Party pursues an action against the other to enforce or protect its rights under this Agreement, the Parties agree that the federal or state courts of Hartford County, Connecticut shall have sole and exclusive jurisdiction over the matter. You waive any objection which You may have based on improper venue or forum non conveniens for such action in such court. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES.
Dispute Resolution. In the event of any dispute, disagreement, alleged breach, or other action under this Agreement, the Parties will attempt to resolve such dispute by direct negotiation. If such negotiation does not resolve the matter within ten (10) days of notice of the dispute arising from or related to the performance of this Agreement being given, the matter shall be resolved by binding arbitration before the American Arbitration Association under its Commercial Arbitration Rules. The location of the arbitration shall be Windsor, Connecticut. The decision of the arbitrator(s) shall be final and binding and may be enforced in any court of competent jurisdiction. SUBJECT TO THE LIMITATION AMOUNT CONTAINED IN SECTION 8 OF THIS AGREEMENT, THE ARBITRATOR(S) IS NOT EMPOWERED TO AWARD DAMAGES AGAINST LOMA IN EXCESS OF COMPENSATORY DAMAGES AND YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT TO RECOVER SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, PUNITIVE DAMAGES) IN ANY FORUM. The arbitrator(s) may award equitable relief in those circumstances where monetary damages would be inadequate. The arbitrator(s) shall be required to follow the applicable law as set forth in the governing law section of this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall prevent LOMA from seeking interim, interlocutory, or permanent injunctive or other equitable relief in any court of competent jurisdiction with respect to any alleged infringement of intellectual property rights.
Severability. In the event that any of the provisions contained in this Agreement are held to be invalid, illegal, or unenforceable in any respect and in any jurisdiction, then such provision shall be construed, as nearly as possible, to reflect the intentions of the Parties, and such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and all other provisions shall remain in full force and effect in any other jurisdiction.
United States Export. Content from the Course may not be downloaded or otherwise exported or re-exported in violation of any applicable U.S. export laws, rules or regulations.
Entire Agreement. This Agreement sets forth the complete, exclusive, and finalized agreement between You and LOMA with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous agreements, proposals, understandings, representations, and statements, oral or written, between You and LOMA with respect to the subject matter of this Agreement.