Terms of Service

 

License Agreement

This License Agreement (the "Agreement") governs the use of Industrial Training Zone ("ITZ") training and testing programs (the "Programs"). including training courses and tests delivered on CD or through the ITZ Website, reference manuals, and any other associated electronic or printed materials ((together, "Program Materials"). By using the licensed Programs, you agree to be bound by the terms and conditions of this Agreement.


  1. Program License. This Agreement permits you to access and use the Programs in the following limited ways:
      1. Unlimited access to one Program training course delivered on a CD is granted for perpetuity to any individual who has purchased a CD Training Pass for that Program. No other individuals are entitled to use the CD. A CD Training Pass may not be transferred or otherwise used by more than one individual.
      2. Unlimited access to one Program training course delivered through the ITZ Website is granted during a defined subscription period to any individual who has purchased an Online Training Pass for that Program. An Online Training Pass may not be transferred or otherwise used by more than one individual.
      3. Unlimited access to one Program assessment test delivered through the ITZ Website is granted during a defined subscription period or until the assessment test is completed, whichever occurs first, to any individual who has purchased an Online Assessment Pass for that Program. An Online Assessment Pass may not be transferred or otherwise used by m9ore than one individual.
      4. Unlimited access to one Program certification test delivered through the ITZ Website is granted during a defined subscription period or until the certification test is passed, whichever occurs first, to any individual who has purchased on Online Certification Pass for that Program. An Online Certification Pass may not be transferred or otherwise used by more than one individual.
      5. The number of purchased CD Training Passes, Online Training Passes, Online Assessment Passes, Online Certification Passes, and any subscription periods to which they apply are defined in the written sales order given by the Customer to ITZ at the time of any purchases.

  2. Copyright and transfer restrictions. The Program Materials are owned by Industrial Training Zone and are licensed, not sold, to its customers. All Program Materials are protected by United States and Canadian Copyright laws and international treaty provisions. Industrial Training Zone retains all rights not expressly granted in this Agreement. The Program Materials may not be rented, resold, or leased. Any software included in the Program Materials may not be reversed engineered, decompiled, or disassembled. All CD's and other Program Materials may not be copied or transferred to any other storage medium including, but not limited to, CD's, disks, hard drives, servers, or other network devices.

 

  1. Limited Warranty. ITZ MAKES NO WARRANTIES, REPRESENTATIONS, OR PROMISES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT. ITZ DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ITZ SPECIFICALLY DOES NOT WARRANT THAT THE INFORMATION AND MATERIAL CONTAINED IN THE PROGRAMS OR THE USE OF THE PROGRAMS WILL MEET THE CUSTOMER'S REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PROGRAMS WILL BE CORRECTED. FURTHERMORE, ITZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAMS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, SAFETY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ITZ OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

 

  1. Limitations of Liability. IN NO EVENT SHALL ITZ BE LIABLE (REGARDLESS OF THE FORM OF ACTION OR THE CLAIM, E.G., CONTRACT WARRANTY, TORT, MALPRACTICE AND/OR OTHERWISE) FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS OPPORTUNITIES, OR FOR ANY FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, EVEN IF ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING. THE AGGREGATE LIABILITY OF ITZ RELATING TO OR ARISING FROM THIS AGREEMENT AND FOR ANY AND ALL CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY THE CUSTOMER TO ITZ UNDER THIS AGREEMENT. ITZ IS NOT RESPONSIBLE FOR LOSS OF OR LOSS OF USE OF ANY WEBSITE, INTERNET ACCESS, HARDWARE OR SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, THE COST OF ANY SUBSTITUTE PERFORMANCE EQUIPMENT OR PROGRAM, OR RELATED CLAIMS BY ANY PARTY, EVEN IF ADVISED OF THE POSSIBLITITY THEREOF OTHER THAN AS SPECIFIED IN THIS AGREEMENT. THIS AGREEMENT DEFINES A MUTUALLY AGREED UPON ALLOCATION OF RISK, AND THE FEES AND OTHER CONSIDERATION FOR THE PROGRAMS HAVE BEEN SET TO REFLECT SUCH ALLOCATION. THIS SECTION SHALL NOT APPLY TO ANY TORT LIABILITY BASED ON GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PHYSICAL DAMAGE TO TANGIBLE PROPERTY, PERSONAL INJURY, OR DEATH.