Disclaimer of Warranty/Limitation of Liability
Websites pertaining to Whitworth LEARN and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or noninfringement.
To the full extent permissible by applicable law, Whitworth does not warrant and hereby disclaims any warranties, express or implied, with respect to the accuracy, adequacy or completeness of and Whitworth LEARN website, information obtained from a Whitworth LEARN website, or link to a Whitworth LEARN website. Whitworth does not warrant that the Whitworth LEARN websites will operate in an error-free manner or an uninterrupted manner, or that such websites are free of viruses or other harmful components. Be aware that use of information obtained from or through Whitworth LEARN websites is at your own risk.
You agree that Whitworth LEARN will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms, or to your (or any third party’s) use or inability to use a Whitworth LEARN website, or to your placement of content on a Whitworth LEARN website, or to your reliance upon information obtained from or through a Whitworth LEARN website. Specifically, Whitworth will have no liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these Terms, your use or inability to use a Whitworth LEARN website, or any purchases on this Whitworth LEARN website, or your placement of content on a Whitworth LEARN website, or to your reliance upon information obtained from or through a Whitworth LEARN website, whether such a claim be based in contract, tort, statutory or other law, except only in the case of death or personal injury where and only to the extent that applicable law requires such liability.
Whitworth makes no representation regarding your ability to transmit and receive information from or through the Whitworth LEARN websites and you agree and acknowledge that your ability to access the Whitworth LEARN websites may be impaired. Whitworth LEARN disclaims any and all liability resulting from or related to such events.
No Contract in Other Whitworth Policies
The logo, name and all graphics on the websites of Whitworth, Whitworth LEARN, or any of their affiliates, are trademarks of the Whitworth or its affiliates. Use, reproduction, copying or redistribution of trademarks, without the written permission of the Whitworth or its affiliates is prohibited. All other trademarks or service marks appearing on the websites of Whitworth, Whitworth LEARN, or any of their affiliates, are the marks of their respective owners.
You agree to indemnify and hold the Whitworth harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms, your use of a Whitworth LEARN website or your placement of any content onto a Whitworth LEARN website, and to fully cooperate in the Whitworth’s defense against any such claims.
Your Account and Confidentiality
If you use a Whitworth LEARN website, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that billing and registration information you provide on the Whitworth LEARN websites will be accurate and complete. Whitworth LEARN and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Digital Millennium Copyright Act (“DMCA”)
In accordance with the DMCA, it is illegal to download copyrighted information or materials to your computer without legal permission from the owner. These materials include, but are not limited to: photographs, music, films, video productions, and any copyrighted document or file that could be conveyed electronically. Those Whitworth LEARN participants or visitors of Whitworth LEARN websites not complying with this law could face disciplinary action and, potentially, legal action, fines, and penalties.
Permission to Use Materials
In consideration for your agreement to the Terms, Whitworth grants you a personal, non-exclusive, non-transferable license to access and use Whitworth LEARN websites. You may download material from the Whitworth LEARN websites only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any information or material from Whitworth LEARN websites. It is your burden to determine whether it is permissible to use of any information, software or any other content on the Whitworth LEARN websites.
Limitation of Use You may use Whitworth LEARN websites for lawful purposes only
By posting content and information on, or otherwise participating in, the Whitworth LEARN websites, you give permission for the content that you post or display through video meetings (including your image, likeness, and/or verbal contributions in online or interactive programming, such as discussion boards and video meetings, if any) to appear on the Whitworth LEARN websites. Copyrighted material, including without limitation software, graphics, text, photographs, sound, video, music, or other file, may not be placed on the Whitworth LEARN websites without the express permission of the owner of the copyright with respect to the copyrighted material, or other legal entitlement to use the material. Furthermore, you agree that, if a third party claims that any material you have contributed to a Whitworth LEARN website is unlawful due to copyright or other reason, you bear the burden of establishing that the material complies with all applicable laws. Although Whitworth does not routinely monitor the content of the Whitworth LEARN websites, Whitworth has the right to remove material from the Whitworth LEARN websites, block access, or take other action with respect to the material in its sole discretion and as it deems appropriate, although Whitworth is under no obligation to do so. You may not use Whitworth computing resources or Whitworth LEARN websites to disseminate unsolicited advertising or promotional material of any kind.
User Content Disclaimer
Whitworth LEARN websites may include unmoderated questions or responses from other participants, reviews, profiles, forums, and other content containing the personal opinions and other expressions of the persons who post entries on a wide range of topics that may or may not pertain directly to the Whitworth LEARN course or program content (“User Content”). Neither the User Content, nor links to other websites, are screened, approved, reviewed or endorsed by Whitworth LEARN, Whitworth, or any Whitworth-affiliated entity or individual (hereinafter in this paragraph, “Whitworth”). Whitworth is not a publisher of any such User Content, or of any content that may be available through links to and from them, and is acting solely as an internet service provider. The text and other materials in this User Content are the opinion of the specific author and are not statements of advice, opinion, or information of Whitworth. If you feel you might be offended by User Content on Whitworth LEARN websites, you should not continue. Furthermore, Whitworth is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at hyperlinks or other websites provided through such User Content.
Potential errors on Whitworth LEARN websites
The Whitworth LEARN websites may contain errors and omissions relating to product description, pricing, and availability. Whitworth reserves the right to correct errors or omissions on these websites without prior notice to Whitworth LEARN participants or other users. Whitworth also reserves the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability, or other reason that may arise.
These Terms constitute the entire agreement between you and Whitworth and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.
Choice of Law/Forum Selection
You agree that any dispute arising out of or relating to these Terms or any content posted to a Whitworth LEARN website, including copies and republication thereof, whether the dispute is based in contract, tort, statutory or other law, will be governed by the laws of the State of Washington, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Spokane County, Washington, as the legal forum for any such dispute.