PLEASE READ THIS DOCUMENT CAREFULLY! THESE TERMS AND CONDITIONS OF LIFE SCIENCE TRAINING INSTITUTE GOVERN YOUR ACCESS TO THE TRAINING COURSES AND CERTIFICATE PROGRAM INCLUDING IMPORTANT INFORMATION ABOUT INTELLECTUAL PROPERTY OWNERSHIP, YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. YOU ARE ADVISED TO PRINT OUT A COPY OF THESE TERMS AND CONDITIONS TO KEEP FOR YOUR OWN RECORDS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN, YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE SERVICES AS DESCRIBED BELOW.
1. Access to the Training Course(s). Life Science Training Institute ("LSTI") proprietary services and materials available through this web site include LSTI's Training Courses and corresponding Certificate Programs, and associated Content (as further described below, the "Services"). Subject to compliance with these Terms and Conditions, including without limitation your full and timely payment of all LSTI fees charged for Services as set forth on the registration form/page pursuant to which you registered for the Training Course(s) (the "Registration Page"), LSTI hereby grants you a limited, non-exclusive, non-transferable and non-sublicensable license to access the Training Course(s) for which you have registered at the dates and times as set forth on the Registration Page. LSTI and its licensors retain all ownership, intellectual property rights and all other right, title and interest in and to the Training Course(s) and the Content. LSTI reserves all rights not otherwise expressly granted to you hereunder and no other rights shall be implied. To the extent you acquire any rights to the Training Course(s), the Content, or any other aspect of the Services, you hereby assign all of such rights to LSTI or its licensors, as applicable. LSTI reserves the right to suspend or terminate access to the Services at any time for known or suspected violations of these Terms and Conditions of Use.
As used herein, "Training Course(s)" means those online training courses presented by LSTI for which you registered pursuant to the Registration Page. The "Certificate Program" means the LSTI testing and certification programs intended to evidence the completion by Registered Users of the appropriate series of LSTI Training Courses in the specific subject matter being certified, along with satisfactory passage of associated and requisite subject matter LSTI testing. Upon successful completion of a Certificate Program, LSTI issues to the Registered User a LSTI certificate of completion for the relevant subject matter ("Certificate"). "Content" means all content and materials provided, posted, or accessed by or through LSTI and this web site, whether in connection with the Training Course(s), Certificate Program, or any other of the Services, including, without limitation, all training content, presentations, handouts, courseware and course-related materials associated with Training Courses and all other tests, text, images, graphics, audio and sound recordings, videos, and live web feeds. During the term of this Agreement, LSTI grants you the limited, non-exclusive, non-transferable, non-sublicensable right and license to access and use the LSTI Content solely via LSTI's web site(s) in connection with the Training Course(s) and/or Certificate Program.
2. Registered Users. "Registered Users" are those individuals who have registered, and paid, for specific LSTI Training Course(s) and/or Certification Programs via the Registration Pages. Registered Users are authorized to access and participate in the Training Course(s) and Certificate Program(s) for which they have specifically registered and paid. Registered Users may not share log-in and/or dial-in information. Additionally, Registered Users may not rebroadcast LSTI courses via recording or sharing tools. LSTI's training platform uses digital rights management tools to trace this activity. Those caught violating this policy are subject to additional charges and/or removal from Training Courses. Course completion certificates are issued only to Registered Users.
3. Ownership; Restrictions.
(a) Ownership. Other than User Content (as defined below), LSTI owns (or has the right to license to you) all other Content available through the web sites owned and operated by LSTI, including without limitation Training Course(s), the Certificate Program, and associated Content ("LSTI Content"). This Agreement does not grant to any Registered User, Course Auditor or other user, and no such person or organization shall acquire, any right, title or interest in and to LSTI Content, except for the limited licenses expressly granted to you by LSTI in this Agreement.
(b) Restrictions. Unless separately and specifically authorized in writing by LSTI, you may not sublicense, distribute, redistribute, transmit, retransmit, host, transfer, download, copy, reproduce, publicly display, publish, adapt, modify or record the Training Course(s) or any other Content. The Training Courses are interactive and you agree not to post or transmit any communication, message, material, information or other Content ("User Content") via LSTI's web site(s) which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, or (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for User Content, including without limitation any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by User Content that you post or transmit via LSTI's web site(s). You are responsible for ensuring that Course Auditors who you permit to watch the Training Course(s) with you understand and comply with these Terms and Conditions.
(c) Personally Identifiable Information. Notwithstanding anything to the contrary set forth herein, LSTI will not sell, barter, rent or disclose your personally identifiable information to a third party, other than disclosures by LSTI to third party service providers solely for the purpose of enabling such third party service providers to perform services related to the Services hereunder on LSTI's behalf.
4. Posted Materials. ANY USER CONTENT THAT YOU UPLOAD, POST OR OTHERWISE TRANSMIT VIA LSTI WEB SITES, ELECTRONIC MAIL OR OTHERWISE, INCLUDING ANY VIDEO, MULTIMEDIA, DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY. Any and all User Content may be used by LSTI for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, LSTI is free to use any ideas, concepts, know-how or techniques contained in any communication you send to LSTI via LSTI's web site(s), electronic mail, or otherwise for any purpose whatsoever, including, but not limited to, improving Services, and/or developing curriculum for future courses without incurring any obligation whatsoever to you, and by sending such communication, you waive all your rights thereto.
YOU ACKNOWLEDGE THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO ANY CONTENT THAT YOU SUBMIT AND THAT ANY CONTENT YOU SUBMIT MAY BE VIEWED BY LSTI, LSTI OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, AND OTHER ATTENDEES OF THE TRAINING COURSES, INSTRUCTORS.
5. Cancellation Policy.
(a) Cancellation by LSTI. From time to time, in certain circumstances, LSTI may need to cancel a Training Course. LSTI reserves the right to cancel a Training Course at any time, for any reason or no reason. If LSTI cancels a Training Course for which you are registered as a Registered User, it will notify you via email and/or phone, at the address and/or telephone number that you provided on the Registration Page, and you will have the option to receive a refund of the Training Course registration fee or a voucher to attend any future Training Course (provided such voucher is used within one (1) year from the date of issuance).
(b) Cancellation by You. If you wish to cancel your registration to a Training Course as a Registered User, you must do so in writing (via email is acceptable). Cancellations made more than thirty (30) days in advance of a scheduled Training Course will receive a full refund. If you cancel with less than thirty (30) days' notice prior to the scheduled Training Course, you will be charged a $50 cancellation fee and receive a voucher to attend any future Training Course (provided such voucher is used within one (1) year from the date of issuance). All notices of cancellation must include at a minimum, the Registered User's name, job title, employer, registered e-mail address, telephone number, mailing address, title, and the name and date of the course being cancelled.
(c) Force Majeure. Neither party shall be liable for lack of availability of Services, delay in performance or failure to perform, in whole or in part, the terms of this Agreement due to strike, labor dispute, act of war, labor shortage, telecommunications failures, equipment or software failures, riot or civil commotion, act of public enemy, fire, flood or act of government or God or other cause beyond the control of such party. In particular, the operation of the Services may be interrupted due to maintenance, updates, or system or network failures. LSTI disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, LSTI disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of LSTI web sites due to inappropriate equipment, disturbances related to Internet service providers, to the saturation of the Internet network, and for any other reason.
6. Substitution Policy. You may transfer your Training Course(s) registration to a colleague employed by the same employer, provided that you notify LSTI of such transfer in writing (via email is acceptable). Such notice of transfer must be made to LSTI prior to the date of the Training Course and is subject to verification by LSTI of employment by the same employer as the original Registered User. Once a substitution is made, Training Course registration fees will not be refunded.
7. Rights in Data. LSTI owns all right, title and interest in and to all data generated in the course of your participation in the Training Course(s), Certification Program(s) and other Services. Without limiting the foregoing, you acknowledge and agree that LSTI may use, reproduce, modify, adapt, enhance, improve, create derivative works of, edit, translate, distribute, display and otherwise exploit such data.
8. Disclaimer of Warranties. LSTI PROVIDES THE TRAINING COURSES, CERTIFICATE PROGRAMS, AND CONTENT, AND ALL OTHER MATERIALS, INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFORMATION PRESENTED ON LSTI WEB SITES IS COLLECTED, MAINTAINED, AND PROVIDED FOR THE CONVENIENCE OF THE SITE VISITOR. WHILE EVERY EFFORT IS MADE TO KEEP SUCH INFORMATION ACCURATE AND UP-TO-DATE, LSTI CANNOT CERTIFY THE ACCURACY AND/OR AUTHENTICITY OF ANY INFORMATION THAT ORIGINATES FROM THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL LSTI BE LIABLE FOR ANY DECISIONS, ACTIONS TAKEN OR OMISSIONS MADE FROM RELIANCE ON ANY INFORMATION CONTAINED HEREIN FROM WHATEVER SOURCE, NOR SHALL LSTI BE LIABLE FOR ANY OTHER CONSEQUENCES FROM ANY SUCH RELIANCE. LSTI DOES NOT CONTROL, MONITOR, SCREEN OR APPROVE USER GENERATED CONTENT FOR ACCURACY OR ANY OTHER STANDARDS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LSTI, ITS INSTRUCTORS AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, UNINTERRUPTED OR ERROR-FREE OPERATIONS, RELIABILITY, AVAILABILITY, ACCURACY OF DATA AND CONTENT, AND NONINFRINGEMENT. LSTI IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS DISCUSSION BOARD POSTINGS, TRAINING COURSE OR CERTIFICATE PROGRAM ANSWERS OR TRANSMISSION OF ANY OTHER USER CONTENT) SENT THROUGH LSTI WEB SITES TO ANYONE. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. LSTI DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF REGISTERED USERS, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY COURSE AUDITORS OR OTHER USERS OF THE SERVICES; THEREFORE, LSTI DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS.
9. Limitation of Liability. Neither LSTI nor any of our instructors, subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“LSTI Parties”) shall be cumulatively liable for (a) any damages in excess of the most recent monthly fee that you paid for a Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of, or reliance upon, the Service, or any of the Content or other materials on, accessed through or downloaded from or through LSTI. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose.
10. Editorial Policy; External Content.
(a) Although LSTI determines the curriculum and provides guidance to instructors regarding coverage of specific topics and materials accordingly, the instructors who present the Training Courses are independent contractors who determine and control the specific content and means of presentation for the individual Training Course they are providing. Accordingly, the views, opinions and comments expressed by instructors in presentation materials, or during the course of any Training Course, interactive discussion, or other interaction in the course of performing Services hereunder are solely those of the instructor in his/her private capacity and do not represent the views of LSTI, its officers, directors or employees. In the event a user feels that an instructor has acted inappropriately and/or made inappropriate comments, a Registered User shall promptly provide LSTI with the identity of the instructor, the date and time of the Training Course in question and a written description of the nature of the issue and LSTI will use commercially reasonable efforts to investigate reported issue and take appropriate remedial actions where LSTI determines an actionable problem exists. The foregoing represents LSTI's sole and exclusive liability and responsibility for views, opinions, comments, acts and conduct of independent contractors engaged by LSTI to perform Services hereunder and LSTI is not otherwise responsible for, and disclaims any and all liability for the communications and/or actions of instructors.
(b) As a resource to our site users and prospects, we provide links to third party content on external websites, such as those of the FDA, EMA and other regulatory agencies. Additionally, LSTI may link to other private and public organizations that serve a greater good to the Life Science community. These links are intended to be informational, and do not serve as an endorsement of any product or service offered by these third parties; nor should such links be deemed to serve as an endorsement by any such third party of LSTI. Although LSTI shall use commercially reasonable efforts to maintain and update the links to such external, third-party sites, LSTI has no control over the content and/or reliability of such third-party web sites. If links to third-party sites from the LSTI web site are found to be dysfunctional, or point to web pages that contain erroneous or offensive content, please contact us immediately. Under no circumstances shall LSTI be responsible for the content found on any external site, nor shall LSTI be liable for any decisions, or actions taken from information given from a third-party site. Additionally, LSTI shall not be liable for any other consequences from any such reliance on a third-party website linked to from the LSTI site.
11. Indemnification. You shall indemnify, defend and hold harmless LSTI, its directors, officers, employees and agents (collectively, the "Indemnitees") from and against all liabilities, damages and expenses, claims for damages, suits, proceedings, recoveries, judgments or executions (including but not limited to litigation costs, expenses, and reasonable attorneys' fees) which may be suffered by, accrued against, charged to or recoverable from the Indemnitees ("Claims") by reason of or in connection with your User Content, and/or your improper use of the Content and Services hereunder.
12. General Provisions.
(a) Nothing in this Agreement is intended or shall be construed to create or establish an agency, partnership, or joint venture relationship between the parties.
(b) No waiver by either party of any provision or any breach of this Agreement constitutes a waiver of any other provision or breach of this Agreement and no waiver shall be effective unless made in writing. The right of either party to require strict performance and observance of any obligations hereunder shall not be affected in any way by any previous waiver, forbearance or course of dealing.
(c) You shall not sell, assign, license, sub-license, or otherwise convey in whole or in part to any third party this Agreement without the prior written consent of LSTI.
(d) This Agreement shall be considered a contract governed by the law applicable in the Commonwealth of Pennsylvania and any disputes regarding this Agreement shall be heard by the state or federal courts in Pennsylvania and each party consents to the exclusive jurisdiction of such courts.
(e) If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
(f) This Agreement, together with the Registration Page, as such may be amended from time to time, constitute the final and complete understanding and agreement between the parties concerning the subject matter hereof. Any prior agreements, understandings, negotiations or communications written or otherwise are deemed superseded by this Agreement. This Agreement may be modified only by a further written agreement executed by an authorized representative of the parties hereto.
(g) Any questions, comments or other communications regarding the Content, instructors, third-party links, or any other aspect of the Services hereunder should be emailed to firstname.lastname@example.org or via phone call at 215-675-1800, Ext. 123. Please note that tolls and charges will apply to such phone calls.