ProgrammersInstitute.com Terms and Conditions
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The terms 'ProgrammersInstitute.com', 'Programmers Institute
or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the
user or viewer of our website.
1. Acceptance of terms of use and amendments
Each time you use or cause access to this web site, you agree to be bound
by these Terms of use, as amended from time to time with or without
notice to you. In addition, if you are using a particular service on this web site
or accessed via this web site, you will be subject to any rules or guidelines
applicable to those services, and they will be incorporated by reference within
these Terms of use. Please read the site's Privacy policy, which is
incorporated within these Terms of use by reference.
2. The site editor's service
This web site and the services provided to you on and via this web site are
provided on an "AS IS" basis. You agree that the site editor reserves the
right to modify or discontinue provision of this web site and its services, and
to remove the data you provide, either temporarily or permanently, at any
time, without notice and without any liability towards you, The site editor will
not be held responsible or liable for timeliness, removal of information,
failure to store information, inaccuracy of information, or improper delivery of
information.
3. Your responsibilities and registration obligations
In order to use this web site or certain parts of it, you may be required to
register for a user account on this web site; in this case, you agree to
provide truthful information when requested, and -- if a minimum age is
required for eligibility for a user account -- you undertake that you are at least
the required age. By registering for a user account, you explicitly agree to this
site's Terms of use, including any amendments made by the site editor that are
published herein.
4. Privacy policy
Registration data and other personally identifiable information that the site
may collect is subject to the terms of the site editor's Privacy policy.
5. Registration and password
You are responsible for maintaining the confidentiality of your password, and
you will be responsible for all usage of your user account and/or user name,
whether authorized or not authorized by you. You agree to immediately notify
the site editor of any unauthorized use of your user account, user name or
password.
6. Your conduct
You agree that all information or data of any kind, whether text, software,
code, music or sound, photographs or graphics, video or other materials
("content"), made available publicly or privately, will be under the sole
responsibility of the person providing the said content, or of the person whose
user account is used. You agree that this web site may expose you to content
that may be objectionable or offensive. The site editor will not be responsible to
you in any way for content displayed on this web site, nor for any error or
omission.
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that may
be construed as: unlawful; illegal; threatening; harmful; abusive; harassing;
stalking; tortious; defamatory; libelous; vulgar; obscene; offensive;
objectionable; pornographic; designed to interfere with or disrupt the operation
of this web site or any service provided; infected with a virus or other destructive
or deleterious programming routine; giving rise to civil or criminal liability; or in
violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or
entity; you will not forge or otherwise seek to conceal or misrepresent the origin
of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content
or service in any commercial manner, or in any manner that would involve junk
mail, spam, chain letters, pyramid schemes, or any other form of unauthorized
advertising or commerce; you will not use this web site to promote or operate
any service or content without the site editor's prior written consent;
(e) you will not provide any content that may give rise to the site editor being
held civilly or criminally liable, or that may be considered a violation of any local,
national or international law, including -- but not limited to -- laws relating to
copyrights, trademarks, patents, or trade secrets.
7. Submission of content on this web site
By providing any content to this web site:
(a) you agree to grant the site editor a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other necessary
rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform,
promote, archive, translate, and to create derivative works and compilations,
in whole or in part. Such license will apply with respect to any form, media,
technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights
that may be necessary to grant the site editor the license specified in this
section 7;
(c) you acknowledge and agree that the site editor will have the right (but not
obligation), at the site editor's entire discretion, to refuse to publish, or to
remove, or to block access to any content you provide, at any time and for
any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or may be made
available on or through this web site. Representations made regarding
products and services provided by third parties will be governed by the policies
and representations made by these third parties. The site editor will not in any
manner be liable for or responsible for any of your dealings or interaction with
third parties.
9. Indemnification
You agree to indemnify and hold harmless the site editor and the site editor's
representatives, subsidiaries, affiliates, related parties, officers, directors,
employees, agents, independent contractors, advertisers, partners, and
co-branders, from any claim or demand, including reasonable legal fees, that
may be filed by any third party, arising out of your conduct or connection with
this web site or service, your provision of content, your violation of these Terms
of use, or any other violation by you of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF
ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN
RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND THE
SITE EDITOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS,
THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY,
NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY
CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND
AGREE THAT NEITHER THE SITE EDITOR NOR ANY PARTICIPANT IN THE
SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY
ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE MAY BE
USED SOLELY AT YOUR OWN RISK, AND THAT THE SITE EDITOR WILL NOT BE
HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain
statements in the above disclaimer may not apply to you as regards implied
warranties; the other terms and conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR WILL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF THE SITE EDITOR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF
SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING
SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION
ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY
THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V)
ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and, therefore, such
limitations may not apply to you.
12. Reservation of rights
The site editor reserves all of the site editor's rights, including but not limited to
any and all copyrights, trademarks, patents, trade secrets, and any other
proprietary right that the site editor may have in respect of this web site, its
content, and goods and services that may be provided. The use of the site
editor's rights. and property requires the site editor's prior written consent.
By making services available to you, the site editor is not providing you with
any implied or express licenses or rights, and you will have no rights to make
any commercial use of this web site or provided services without the site
editor's prior written consent.
13. Notification of copyright infringement
If you believe that your property has been used in any way that could be
considered a copyright infringement or a violation of your intellectual property
rights, the site editor\'s copyright agent may be contacted via:
Email: Administrator@ProgrammersInstitute.com
Programmers Institute
Box 366
Hospers, Iowa 51238
US
Phone number 01-712-574-3062
14. Applicable law
You agree that these Terms of use and any dispute arising out of your use
of this web site or products or services provided will be governed by and
construed in accordance with local laws applicable at the site editor's
domicile, notwithstanding any differences between the said applicable
legislation and legislation in force at your location. By registering for a user
account on this web site, or by using this web site and the services it
provides, you accept that jurisdiction is granted to the courts having
jurisdiction over the site editor's domicile, and that any disputes will be
heard by the said courts.
15. Miscellaneous information
(i) In the event that any provision of these Terms of use is deemed to
conflict with legislation by a court with jurisdiction over the parties, the said
provision will be interpreted to reflect the original intentions of the parties in
accordance with applicable law, and the remainder of these Terms of use
will remain valid and applicable; (ii) The failure of either party to assert any
right under these Terms of use will not be considered to be a waiver of that
party's right, and the said right will remain in full force and effect; (iii) You
agree that any claim or cause in respect of this web site or its services must
be filed within one (1) year after such claim or cause arose, or the said claim
or cause will be forever barred, without regard to any contrary legislation;
(iv) The site editor may assign the site editor's rights and obligations under
these Terms of use; in this event, the site editor will be relieved of any further
obligation.
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