TERMS OF USE

THIS WEBSITE IS OWNED AND OPERATED BY ELLUMINATE USA, INC. (“ELLUMINATE”).  ACCESS AND USE OF THIS WEBSITE (AND ITS RELATED SERVICES) IS PROVIDED BY ELLUMINATE TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS OF USE, AND BY ACCESSING OR USING THIS WEBSITE (OR ANY OF ITS RELATED SERVICES), YOU AGREE TO THESE TERMS OF USE.  IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE YOU SHOULD NOT ACCESS OR USE THIS WEBSITE (OR ANY OF ITS RELATED SERVICES). 

You agree that the agreement formed by these Terms of Use  is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms.  You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.

Elluminate may modify these terms of use from time to time and such modification shall be effective upon posting by Elluminate at http://www.learncentral.org/terms_lc. You agree to be bound to any changes to these terms of use when you use this website (or any of its related services) after any such modification is posted. It is therefore important that you review these terms of use regularly to ensure you are updated as to any changes.

You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website.  You may only use this website (or any of its related services) for lawful purposes.

Jurisdiction and Age

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these terms of use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this website (or any of its related services). Furthermore, if you are residing in a jurisdiction where it is forbidden by law to participate in the activities offered by this website or use software for internet telephony, you may not enter into this agreement or use this website (or any of its related services). By using this website you are explicitly stating that you have verified in your own jurisdiction if your use of this website (or any of its related services) is allowed. Your profile may be deleted and these Terms of Use may be terminated without warning, if we believe that you are under age or your use of this website (or any of its related services) is not allowed. 

Privacy

Elluminate is committed to respecting the privacy of the personal information of the individuals with whom we interact.  We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this website (or any of its related services).  Please see our Privacy Policyhttp://www.learncentral.org/privacy_lc for further details.

You acknowledge and agree that access to and use of this website (and any of its related services) is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.  

User Accounts

When you are required to open an account to use this website (or any of its related services), you must complete the registration process by providing complete and accurate information requested on the registration form. You may be asked to provide a username and password.

Where we offer you the ability to chose your own username(s) in connection with this website (or any of its related services), we will use reasonable efforts to assign such name(s) to you upon your request, provided however that you may not select, and we reserve the right to reject, any name that (i) has already been assigned, (ii) we determine, in our sole discretion, is offensive, violates applicable law, is an attempt to reserve name(s) without the intent to use them, is an attempt to impersonate another, or may interfere or be confused with, violate, exploit, or capitalize on, the name, goodwill, trade name, trademark, registered trademark, service mark, or proprietary or other rights of another.  Where we reject a requested name, we may, in our sole discretion, assign an alternate name, ask you to select another name or terminate this agreement.

You agree that you are entirely responsible for maintaining the confidentiality of your username and password and that Elluminate and any of its partners, affiliates, officers, directors, employees, consultants, agents, and representatives will not be held responsible for any loss related to any lost, stolen or otherwise misappropriated username or password.

You may not use the account, username, or password of anyone else at any time, unless you are authorized to do so by such other user and Elluminate. You agree to notify Elluminate immediately on any unauthorized use, theft or misappropriation of your account, username, or password. Elluminate shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.

You acknowledge and agree that you shall be responsible for each and every access, use or employment of this website (and any of its related services) that occurs in conjunction with your passwords and user identifications, and that Elluminate is authorized to accept the user identifications and passwords as conclusive evidence that you have accessed, utilized, or otherwise employed of this website (or any of its related services).  

Acceptable Use

You are solely responsible for the content of any communications by you with third parties, including any communications about, concerning or through this website (or any of its related services).  Elluminate does not condone or allow spam. You agree that you will not use this website (or any of its related services) to send unsolicited commercial or other e-mail. 

You shall not, directly or indirectly, send, submit, post, receive or otherwise facilitate, or in anyway use, or permit to be used, this website (or any of its related services), to send, submit, post, receive or otherwise facilitate the transmission of any materials that are abusive, obscene, profane, sexually explicit, threatening, or materials containing blatant expressions of bigotry, racism or hate.  You shall comply with all applicable laws (including, but not limited to export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation).  Although Elluminate is not responsible for any such communications or materials, we may delete any such communications or materials of which we become aware, at any time without notice to you.  You acknowledge and agree that you shall be responsible and liable for all uses made by you of this website (or any of its related services).  

You agree that you will not attempt to, nor permit any third party to, enter restricted areas of Elluminate’s computer systems or perform functions that you are not authorized to perform pursuant to these Terms of Use.  Elluminate may, without notice, temporarily suspend your, or any other party's, access to this website (and any of its related services),  (including, without limitation, any specific areas hosted within this website) by deactivating any password(s) or links to the Internet if Elluminate reasonably suspects that you, or any other parties, are obtaining unauthorized access to Elluminate’s other systems or information, or are using otherwise valid user identifications or  passwords in any other unauthorized manner. These suspensions will be for such periods of time as Elluminate may reasonably determine is necessary to permit the thorough investigation of such suspended activity. 

LearnCentral Materials

Elluminate may make certain software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively "LearnCentral Materials") available to you from this website(or any of its related services).  If you download or use LearnCentral Materials, you agree that such materials: (i) may only be used for your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without Elluminate's prior written permission, and (iii) shall be only be used in compliance with any license terms accompanying such materials. Elluminate does not transfer either the title or the intellectual property rights to the LearnCentral Materials, and retains full and complete title to the LearnCentral Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the LearnCentral Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any LearnCentral Materials into a human-perceivable form. Elluminate or its licensors own all related trademarks and logos, and you agree not to copy or use them in any manner.

This website, (including its organization and presentation and LearnCentral Materials) is the property of Elluminate and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights. 

Your Materials

By any posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ('User Materials') to this website by you or at your direction, you are granting Elluminate, its affiliates, partners, officers, directors, employees, consultants, agents, and representatives a license to use User Materials in connection with the operation of this website (or any of its related services), including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Materials. You will not be compensated for any User Materials. You agree that Elluminate may publish or otherwise disclose your name in connection with your User Materials. By posting User Materials on this website, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Materials and that such User Materials do not violate any all applicable laws. You agree that the burden of proving that any User Materials do not violate any laws or third party rights rests solely with you.

You are solely responsible for your User Materials. You are solely responsible for making and keeping back up copies of your User Materials and for applying the appropriate level of access rights to same.  Elluminate shall not be responsible or liable for the deletion or accuracy of any User Materials, the failure to store, transmit, encrypt (or otherwise secure) or receive any User Materials, or the storage, transmission, encryption (or other security) or receipt of any other communication involving the use of this website (or any of its related services).  

You are solely responsible for obtaining and maintaining any necessary consents or permissions from any third party whose information may be collected, recorded, processed, stored, used, disclosed, transferred, exchanged or otherwise handled as a result of, or as part of, any User Materials or any communications involving the use of this website (or any of its related services) and agree to obtain and maintain all such consents or permissions throughout the term of this agreement

Fees for Related Services

Elluminate may, from time to time, provide certain services through this website on a fee basis.  Where you elect to receive such services, you agree to pay, through the payment mechanism selected by you and approved by us, all amounts due and owing for such services as more particularly set out in the order confirmation provided at the time that you ordered such services.  We may amend this website and any of its related services and/or the amounts that we charge for same at any time, without prior notice. Fees do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. If Elluminate terminates these Terms of Use because of your breach of its terms, you shall not be entitled to the refund of any unused portion of any fees you have already paid.  You agree that Elluminate may collect interest at the lesser of 1.5% per month (18% per annum) or the highest amount permitted by law on any amounts not paid when due.

Currency of website

Elluminate updates the information on this website periodically. However, Elluminate cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. Elluminate may revise, supplement or delete information, services and/or the resources contained in this website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked websites

This website may provide links to third party websites for your convenience only.  The inclusion of these links does not imply that Elluminate monitors or endorses these websites. Elluminate does not accept any responsibility for such websites.  Elluminate 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 the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.

Elluminate shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the LearnCentral Materials or User Materials (collectively, "Materials") from this website.   Elluminate recommends that you install appropriate anti-virus or other protective software.

Website and Materials Provided “As Is”

THIS WEBSITE, ITS RELATED SERVICES AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ELLUMINATE DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS RELATED SERVICES OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE, ITS RELATED SERVICES AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL ELLUMINATE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY GENERAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, ITS RELATED SERVICES, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, ELLUMINATE’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE, ITS RELATED SERVICES OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.

THE CONSIDERATION BEING PAID HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ELLUMINATE TO ASSUME ANY RISKS BEYOND THOSE EXPRESSLY ASSUMED HEREIN AND IF ANY SUCH RISKS WERE TO BE ASSUMED BY ELLUMINATE, ELLUMINATE WOULD NOT HAVE ENTERED INTO THIS AGREEMENT WITHOUT CHARGING SUBSTANTIALLY HIGHER FEES.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Elluminate harmless against all claims or liability asserted against Elluminate arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Email

Feel free to email your comments, suggestions and feedback to Elluminate at the e-mail addresses provided in this website (or any of its related services). However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Elluminate is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us via e-mail that: (i) Elluminate has no obligation concerning such information; (ii) the information is non-confidential; (iii) Elluminate may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose; and (iv) the information is truthful and disclosure of the information does not violate the legal rights of others.

Notice and Procedure for Making Claims of Infringement

Elluminate respects the intellectual property of others, and we ask our users to do the same.   If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Elluminate with a written communication addressed to our President, including substantially the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Web site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please address your letter to our President, as follows:

Elluminate USA, Inc

4305 Hacienda Drive #520

Pleasanton, CA

Attention: President

Access Related to Alleged Violations

To ensure that Elluminate provides a high quality experience for you and for other users of this website (and any of its related services), you agree that Elluminate or its representatives may access your account and all information and any records related thereto on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of this website (and any of its related services), and you agree to give Elluminate full access to your account and all information and records related thereto without the need for additional authorization and without any claim to privacy or other rights to such account and related information and records.

Elluminate does not intend to disclose the existence or occurrence of such an investigation unless required by law or if requested by law enforcement officials, but Elluminate reserves the right to terminate your account or your access to this website (and any of its related services) immediately, with or without notice to you, and without liability to you, if Elluminate believes that you have violated any of these Terms of Use, furnished Elluminate with false or misleading information, or interfered with use of this website (or any of its related services) by others.

Term and Termination

Elluminate may, from time to time, but is in no way obligated to, permit you to access and use this website (or any of its related services) in accordance with these Terms of Use and in the manner more particularly set out herein.  You acknowledge and agree that access to this website (or any of its related services) may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that Elluminate shall not, in any event, be responsible to you in any way should you be unable to access this website (or any of its related services) at any time or from time to time.

Elluminate may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this website (or any of its related services) and/or terminate these Terms of Use or any of the licenses granted hereunder.  Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof.  Upon termination of these Terms of Use, you shall immediately cease and desist all use of this website (and any of its related services).

Applicable law

This website is controlled, operated and administered by Elluminate from within the Province of Alberta, Canada.  This website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Alberta, by accessing this website, you acknowledge and agree that all matters relating to access to or use of this website shall be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Alberta and acknowledge that you do so voluntarily.

General

Elluminate’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

You shall not assign these Terms of Use or any of your rights hereunder without the prior written consent of Elluminate.

Your obligations under these Terms of Use will survive the termination of these Terms of Use, or of any license granted under these Terms of Use, for whatever reason.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demand que cette convention ainsi que tous les documents qui s'y rattachent soient en anglais.