TERMS AND CONDITIONS
DATE: 1 September 2010
DEFINITIONS
Licensee: Verne Ordman & Associates Pty Ltd, Australia and its successors in title
Individual licensor: Individual user of the courseware (see below)
Corporate licensor: Organization who purchases a corporate license
The Business Writing and Plain English Courseware (hereafter known as ‘courseware’) is a writing improvement product that was created by and is wholly owned by Verne Ordman and Associates Pty Ltd (hereafter known as 'VOA'). The courseware consists of 12 interactive courses arranged in two focus areas: substance and structure (planning and writing your document) and style and presentation (editing your document). It is available for purchase as an individual license or as a corporate license.
The Business Writing Style Guide is a reference book, authored by Verne Ordman, and available for purchase online or in bookshops.
LIMITATION ON USE
These Terms of Use supersede any prior agreements, except for any existing site license governing the License account. By accessing and using the courseware, you are indicating that you agree to be bound by the conditions in this Terms of Use. You may print and keep a copy of this Agreement.
We may change our Terms of Use from time to time. If we do, we will update this document to reflect those changes. The date of the most recent change is displayed at the top of this document. It is your responsibility to access this document whenever you visit the courseware to determine if there have been changes to the Terms of Use.
By accessing and using the courseware, you are indicating that you agree to be bound by the changes. If you do not agree to be bound by the changes, you may not use the courseware. You may not use the courseware or website for any unlawful purpose.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(A) Licensor expressly agrees that use of the courseware is at licensor’s sole risk. VOA does not warrant that the courseware will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the courseware, or as to the accuracy, reliability, or content of any information, service or merchandise provided through the courseware.
(B) The courseware is provided on an 'as is' basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action. Licensor specifically acknowledges that VOA is not liable for the defamatory, offensive or illegal conduct of other licensors or third parties and that the risk of injury from the foregoing rests entirely with licensor.
(D) In no event will VOA, or any person or entity involved in creating, producing, or promoting the courseware, materials or reference book be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use the courseware. Licensor hereby acknowledges that the provisions of this section shall apply to all content on the courseware.
(E) In addition to the terms set forth above, VOA shall not be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of the information contained within the courseware, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby.
VOA shall not be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. VOA does not warrant or guarantee the timeliness, sequence, accuracy, or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
COPYRIGHT
VOA holds all rights to the courseware, reference book and the web site, which is the property of VOA.
INDIVIDUAL LICENSORS
By your agreement to be bound by these Terms of Use, you have a nonexclusive license to use the content received through the courseware for your personal, non-commercial use only. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content on this courseware and website.
CORPORATE LICENSORS
By your agreement to be bound by these Terms of Use, you have a nonexclusive license to use the content received through the courseware for your organization’s staff only (unless you have been given written consent by VOA) and for non-commercial use only.
When given permission to load the courseware onto your Learning Management System (LMS), you are hereby agreeing to inform VOA of its use and provide detailed reporting once each quarter. You are also hereby agreeing to provide VOA with names of users.
You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content on this courseware or website.
REFUND POLICY
Our courseware should meet or exceed user expectations.
INDIVIDUAL LICENSORS
If users are not completely satisfied after having completed the courseware, we are pleased to offer a seven day refund.
CORPORATE LICENSORS
Organizations receive a free trial to verify if the courseware meets their needs. However, if organizations are not completely satisfied, they are to please contact us as a matter of urgency.
For any questions or requests other than copyright issues, please contact us on info@englishwriting.biz.
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