| PLEASE READ THIS TERMS OF USE (the
“TOU” or “Agreement”) CAREFULLY
BEFORE USING THE NEW HORIZONS COMPUTER LEARNING CENTERS,
INC.'S WEBSITE (the “Site”) OR ANY SERVICE PROVIDED
THEREIN (“Service”). This TOU is between you
(“You”, “Your”, and “Yours”)
and New Horizons Computer Learning Centers, Inc. (“New
Horizons”).
By using this Site or any Service of New Horizons, you
signify your agreement to these terms of use. If you do
not agree to these Terms of Use, do not use this Site or
Service. New Horizons may modify these TOU at anytime and
such changes will be effective on the date that such modified
TOU is posted on this Site. Use of the Site or Services
after such changes have taken effect constitutes acceptance
of all changes.
Restrictions On Use of Materials and Intellectual
Property Rights
This Site or Service and all of New Horizons’ products,
trade names, marks, and logos are protected by copyright,
trademark, and other intellectual property laws, and all
intellectual property rights therein belong to New Horizons
and/or its affiliates and/or its suppliers (collectively,
the "New Horizons’ Intellectual Property").
Any textual or graphic material you copy, print, or download
from this Site or Service is licensed to you by New Horizons
for your personal, non-commercial home use only, provided
that you do not change or delete any copyright, trademark
or other proprietary notices. You may not sell, reproduce,
distribute, modify, display, prepare derivative works based
on, re-post or otherwise use any of New Horizons’
Intellectual Property in any way.
Furthermore, you may not use New Horizons’ Intellectual
Property on any other site or service, in a networked computer
environment or in any other medium for any purpose. New
Horizons reserves the right to terminate your access to
this Site and to use any of its intellectual property at
any time.
Cisco Acknowledgement
Material on this Site relative to Cisco is not sponsored
by, endorsed by, or affiliated with Cisco Systems, Inc.,
Cisco, Cisco Systems, and the Cisco Systems logo are trademarks
or registered trade marks of Cisco Systems, Inc. or its
affiliates. All other trademarks are trademarks of their
respective owners.
CCDA, CCDP, CCIE, CCIP, CCNA, CCNP, Cisco, Cisco IOS, Cisco
Systems, the Cisco Systems logo, and Networking Academy
are registered trademarks or trademarks of Cisco Systems,
Inc. and/or its affiliates in the U.S. and certain other
countries. All other trademarks mentioned in this document
or Site are the property of their respective owners.
Use of Content
By posting communications to or transmitting through the
Site or Service, you hereby grant New Horizons a royalty-free,
perpetual, irrevocable, transferable, non-exclusive license
to use, reproduce, modify, publish, edit, translate, distribute,
perform, and display such communication(s) alone, for marketing
purposes, or as a part of other works in any form, media,
or technology, whether now known of hereafter developed
and to sublicense such rights to anyone.
Anything you transmit or post may be used by New Horizons
or licensed to others by New Horizons for any purpose, including
but not limited to reproduction, disclosure, transmission,
publication, broadcast and posting, or developing, manufacturing
and marketing products using such information.
Conduct
As a user, you are responsible for your own actions, and
the consequences of those actions. Proper conduct on the
New Horizons Site includes refraining from posting material
that is:
- Copyrighted, unless you are the copyright owner or have
the permission of the copyright owner.
- Revealing of trade secrets, unless you own them or have
the permission of the owner.
- In violation of any law or infringing on any other intellectual
property rights of others, or on the privacy or publicity
rights of others.
- Obscene, sexually explicit, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another
user or any other person or entity.
- An advertisement, promotional material, "junk mail,"
"Spam," chain letter, pyramid scheme or any
other form of solicitation of business.
Users also must not:
1) impersonate another person;
2) misrepresent their affiliation with any person or organization;
3) access the Site to obtain a list of users of the Site;
4) use password protected, secure, or non-public areas
of the Site (or frames or links to the Site) without proper
authorization;
5) distribute computer viruses, worms, or any software
intended to damage or alter a computer system without the
owner's consent;
6) use any mechanisms that generate excessive network traffic;
7) either directly or through any person or entity, in
any form or manner, copy, distribute, reproduce, incorporate,
or allow unauthorized access to the Site, its content, or
the Services; or
8) modify, decompile, reverse engineer, disassemble or
otherwise attempt to derive source code from the Services.
Use of the Services for transmission, distribution, retrieval,
or storage of any information, data, or other material in
violation of any applicable law or regulation is prohibited.
New Horizons does not represent or guarantee the truthfulness,
accuracy, or reliability or any of communications posted
by other users or endorse any opinions expressed by users.
You acknowledge that any reliance on material posted by
other users will be at your own risk. New Horizons does
not screen communications in advance and is not responsible
for screening or monitoring material posted by users.
New Horizons has no liability or responsibility to you
for performance or nonperformance of such activities. New
Horizons reserves the right to expel users and prevent their
further access to the Site or Service for violating this
Agreement or the law and the right to remove communications
which violate the terms of this Agreement.
System and Network Security
Violations of system or network security of the Site or
Service are prohibited, and may subject you to criminal
and/or civil liability. New Horizons will investigate potential
security violations, and may notify applicable law enforcement
agencies if violations are suspected. You may not attempt
to circumvent the authentication procedures or security
of any host, network, network component, or account to access
data, accounts, or systems that you are not expressly permitted
to access. You may not interfere or attempt to interfere
with service to any other user, host, system, or network
on the Internet unless expressly permitted to do so. You
may not share any passwords provided to you by New Horizons
with any third-parties. If you would like New Horizons to
make the Site available to third parties, please make such
request by e-mail to helpdesk@newhorizons.com. NEW HORIZONS
IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED USE OR DISCLOSURE
OF ANY PASSWORD.
Disclaimers and Limitation of Liability
The materials in this Site or Service are provided "as
is" and without warranties of any kind either express
or implied. Moreover, any portion of the materials available
on this Site or Service may include inaccuracies or typographical
errors. Changes may be made, from time to time and without
notice, to the materials available on this Site or Service,
the Site or Service itself, and to the products described
on this Site or Service.
To the fullest extent permissible pursuant to applicable
law, New Horizons disclaims all warranties, express or implied,
including, but not limited to implied warranties of merchantability,
fitness for a particular purpose, quiet enjoyment, accuracy
of data, non-infringement, security, or title. New Horizons
does not warrant the accuracy, completeness or usefulness
of any information contained on this Site or Service. New
Horizons does not warrant that the functions contained in
the materials available on this Site or Service will be
uninterrupted or error-free, that defects will be corrected,
or that the materials, this Site or Service or the server
that makes them available are free of viruses or other harmful
components. You (and not New Horizons) assume the entire
cost of all necessary servicing, repair and correction.
Under no circumstances, including, but not limited to,
negligence, shall New Horizons be liable for any special,
incidental, indirect, or consequential damages that result
from the use of, or the inability to use, Site or Service
or any downloaded materials, even if New Horizons or its
representative has been advised of the possibility of such
damages. In no event shall New Horizons' total liability
to you from all damages, losses, and causes of action (whether
in contract, or otherwise) exceed the amount you paid to
New Horizons, if any, for products purchased on this Site
or Service.
Links to Other Site or Services
New Horizons makes no representation whatsoever regarding
the content of any other site or services, which you may
access from this Site or Service. When you access a third
party's site or service, please understand that it is independent
from New Horizons and that New Horizons has no control over
the content on that site or service. A link to a third party's
site or service does not mean that New Horizons endorses
or accepts any responsibility for the content or use of
such site or service.
Cancellation and Refund Policy
Because legal regulations vary from one governmental agency's
jurisdiction to another, New Horizons policies on issues
such as cancellations and refunds may vary from location
to location. Please be certain that you receive and understand
the written policies that are in force for the location
with which you conduct business.
General Provisions
This Site or Service is controlled and operated by New Horizons
from its offices within the State of California, United
States of America. New Horizons makes no representation
that materials in the Site or Service are appropriate or
available for use in other locations. Those who choose to
access this Site or Service from other locations do so on
their own initiative and are responsible for compliance
with any applicable national, state or local laws.
This agreement and the use of this Site shall be governed
by and construed in accordance with laws of the State of
California, United States of America, without giving effect
to any principles of conflicts of law. If any provision
of this agreement is held to be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the validity
and enforceability of any remaining provisions. Any legal
action or proceeding relating to your access to, or use
of, the Site or Service or New Horizons Intellectual Property
on or through this Site or any purchase of New Horizons
products on or through this Site will be instituted in a
state or federal court in Orange County, California. You
waive any right you may have to move or dismiss or transfer
on the basis of personal jurisdiction or venue, or for convenience
of any party or witness. This is the entire agreement between
the parties relating to the subject matter hereof and you
agree to indemnify New Horizons for any claims or damages
resulting from your failure to abide by these terms and
conditions.
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