TERMS AND CONDITIONS OF USE AND SERVICE.
1. USE OF SITE
By using this Site, you signify your agreement to these Terms and Conditions. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. If you do not agree to these Terms and Conditions, do not use this Web Site or the services provided.
2. DISCLAIMER
All of the information, materials and courses contained on this website have been prepared solely for the purpose of providing information about ITIL Training Zone and its products and services. Whilst ITIL Training Zone has taken reasonable care in the preparation of the contents of this website, this website and all its contents are provided on an "as is" basis. ITIL Training Zone does not warrant the accuracy, completeness or usefulness of any information contained on this Web site or service. All warranties whether statutory or implied are hereby expressly excluded to the fullest extent permitted by law, including fitness for purpose, satisfactory quality and timely delivery.
3. INTELLECTUAL PROPERTY RIGHTS
This website and all information contained in it is proprietary to ITIL Training Zone, its business partners and authorised agents who reserve all intellectual property rights in relation to all materials included on the Site. You should assume that everything you see, read and hear on the Site (such as products, trademarks, logos, service marks, images, video, audio, photographs, illustrations, text, testimonials and other materials) is copyright and/or trademark protected. You may not sell, reproduce, distribute, modify, display, prepare derivative works based on, re-post or otherwise use, store or distribute any of ITIL Training Zone’s Intellectual Property in any way.
4. PERSONAL INFORMATION
ITIL Training Zone will only make personal information transmitted by you to the ITIL Training Zone website available to its directors, employees, authorised contractors and third parties on a strict need-to-know basis and only where those individuals are under obligations of confidence. Save as set out above, ITIL Training Zone will not transmit personal information to third parties without your prior consent.
5. LINKS TO THIRD PARTY WEBSITES
ITIL Training Zone may provide links to other websites maintained by third parties. The links to any such third party websites are provided for your convenience only. ITIL Training Zone has no responsibility for the content in any linked website. ITIL Training Zone does not endorse or make any representations about them, or any information, software or other products, services or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
6. USER SUBMISSIONS
ITIL Training Zone does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary. ITIL Training Zone will have no obligations with respect to the communications. ITIL Training Zone and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to ITIL Training Zone for the purpose of receiving products or services will be handled in accordance with the Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
7. GENERAL ACCESS TO THE TRAINING PORTAL
ITIL Training Zone will take all commercially reasonable efforts to provide uninterrupted access to the site and Portal, however, from time to time, Users may be unable to access the Portal due to conditions beyond our control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law.
Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons.
In response to any unavailability of the Portal, ITIL Training Zone will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” means reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
ITIL Training Zone always endeavors to provide the highest quality content and it reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Portal in whole or in part, including, without limitation, the content, availability, access and/or the terms of this Portal. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on the Portal.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Portal.
8. FAIR USE WHEN OPERATING AND USING THIS SITE AND SERVICES
ITIL Training Zone provides online products, services and training courses and materials for the benefit of its customers and registered users. Each registered user is entitled to no more than one free dashboard to operate in a fair and reasonable way that does not materially limit or impact the delivery of service and products. Such fair usage extends to the viewing and delivery of online video tutorials within courses. In the sole opinion of ITIL Training Zone any unreasonable usage, suspicious activity or transfer and sharing of usernames, passwords or access information will be investigated and may lead to the suspension and de-activation of any registered account. ITIL Training Zone reserves the right to immediately withdraw service from any user, registered user or customer in order to protect the integrity, ongoing operation and delivery of normal service to others customers and users.
9. EXCLUSIONS AND LIMITATIONS OF LIABILITY
Except as cannot be excluded by English law, ITIL Training Zone shall not be liable to you arising out of or in connection with the use of this website in contract, tort or otherwise for any direct loss, loss of profits, business or anticipated savings, loss or damage to data or, nor for any indirect or consequential loss or damage whatsoever, whether sustained by you or any other person. IN NO EVENT WILL ITIL TRAINING ZONE, ITS SUPPLIERS, OR OTHER APPROVED THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST TIME OR INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ITIL TRAINING ZONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR ADDITIONAL SUPPORT, SERVICING OR REPAIR, YOU ASSUME ALL COSTS THEREOF.
10. PROHIBITED CONDUCT
Each User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Portal that in any way affects the use, enjoyment or service, or adversely affects ITIL Training Zone’s computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the Portal other than for that individual’s sole use and for the purposes of ITIL® education.
- Permit or provide others Access to the Portal using your User name and password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Portal.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Portal.
- Transfer the Portal content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Portal content; or “deep link” to the Portal content.
- Violate or attempt to violate ITIL Training Zone’s security mechanisms – this includes accessing any data or server you are not authorized to access or otherwise breach the security of the Portal or corrupt the Portal in any way.
- Engage in any other conduct which violates the Copyright Act or other laws of the United States.
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Portal or ITIL Training Zone.
- Use the Portal to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
- Misrepresent your identity or personal information when accessing the Portal; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by ITIL Training Zone.
- Post obscene, harassing, defamatory, violent, pornographic, abusive, threatening, objectionable or illegal material on the Portal; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Portal.
- Provide any commercial hosting service with Access to the Portal and/or the content on the Portal.
To ensure that Users of the Portal do not engage in Prohibited Conduct, ITIL Training Zone reserves the right to monitor use of the Portal and reserves the right to revoke or deny Access to the Portal to any person or entity whose use of the Portal suggests Prohibited Conduct. In such events ITIL Training Zone will escalate the situation to the customer in a timely manner.
Access of the materials available at the PORTAL beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the PORTAL and will result in revocation or denial of Access to the PORTAL. The terms “normal patterns” and “abuse” shall be determined solely by ITIL Training Zone.
11. AMENDMENTS TO PRODUCTS AND SERVICES
Details of products and services posted on the website are subject to change without notice. All products and services are subject to availability. The provision of details of products and services on this website are not, and should not be construed as, an offer to sell such products or services by ITIL Training Zone.
12. AMENDMENTS TO TERMS AND CONDITIONS
ITIL Training Zone reserves the right to change these terms and conditions at any time by posting changes on the Site. It is your responsibility to review the website terms and conditions on a regular basis to ensure you are aware of the latest terms and conditions. If you use this website after changes have been posted, it will be deemed that you have accepted the amended terms and conditions.
13. SEVERABILITY
If a provision of these terms is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability or any other provision of these terms and conditions.
14. COPYRIGHTS AND TRADEMARKS
ITIL® is a Registered Trademark of The Office of Government Commerce (OGC).
The Best Practice logo™ and the Swirl logo™ are Trade Marks of The Office of Government Commerce (OGC).
15. LAW
These terms and conditions are governed by English law and all matters relating to these terms and conditions shall be subject to the jurisdiction of the English courts. 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. You agree to indemnify ITIL Training Zone for any claims or damages resulting from your failure to abide by these terms and conditions.
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