ATTENTION: THIS LEGALLY BINDING AGREEMENT BETWEEN YOU AND LOMA GOVERNS YOUR USE OF THE LOMALEARN ONLINE WEB SITE (THE "SITE"). PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.

The following terms of use apply to the Site and to the software, services, products, resources, information, content, and materials on the Site ("Site Content"). By accessing or using the Site or Site Content you agree to be bound by the terms and conditions set forth herein. Your use of certain resources made available on the site or the conduct of certain transactions may be subject to additional terms and conditions, which will be made available to you prior to your using such resources or conducting such transactions. LOMA reserves the right to modify, alter, update, or remove portions of these Terms of Use at any time. We encourage you to periodically review this section of the site and our Privacy Policy to help you stay aware of any modifications. LOMA may at any time elect to modify the terms and conditions of this agreement by posting a modified agreement on the Site. Such modifications shall become binding and controlling as soon as they are posted. Your continued access and use of the Site signifies your acceptance of any changed items. If you do not wish to be bound by these terms and conditions do not access or use the Site. The failure of LOMALearn to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

Use of the Site
In using the LOMALearn Web site, you understand and agree that all information published by LOMA on the Web site, as well as the Web site itself, is the sole property of LOMA and that all courses, software, and documentation available for access or download from the Site is the copyrighted work of LOMA or its affiliates or licensors. Courseware, software, and documentation ownership is retained by the copyright holder. You are only licensed to use the course or software subject to certain restrictions contained in the end user license agreement accompanying such software. You agree not to reproduce, distribute, or transmit any information from the Web site without the express written permission of LOMA. You understand that, except for information, products or services clearly identified as being supplied by LOMALearn, LOMALearn does not operate, control or endorse any information, products or services on the Internet in any way. You also understand that there are other Web sites accessible via direct links from LOMA's Web site and that LOMA neither developed nor controlled the materials and information contained in these linked Web sites. Information or material contributed or posted to the Web site by third parties is not owned by LOMA, nor does LOMA exercise any control, editorial or otherwise, over such information or materials. You also understand that LOMALearn cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that contain contaminating or destructive properties. You are responsible for implementing sufficient anti-virus and other procedures and checkpoints to satisfy your particular requirements for security and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You expressly agree that any courses, software, or other Site Content accessed, downloaded, or otherwise obtained through the use of the Site is done at your own risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the access or download of software or other Site Content.

Copyrights, Trademarks, and Licenses
Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights, and trademarks are LOMA, Inc, its affiliates, or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

The Site and Site Content is the property of LOMALearn, its affiliates, or other third party licensors and is protected by United States and International Copyright laws. All intellectual property, copyright, trademark, and other proprietary rights in the LOMALearn site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by LOMALearn at the Site are reserved to LOMALearn and its licensors. Copyright © 2002-2005 LOMA and its licensors. All rights reserved.

Any trademarks, logos, and service marks (collectively the "Trademarks") displayed on LOMALearn, whether registered or unregistered are the property of its respective owners. Nothing contained on LOMALearn should be construed as granting by implication, estoppels or otherwise, any license or right to use any Trademarks displayed on LOMALearn without the written permission of the owner of the Trademark. Misuse of any Trademarks, or any other content, displayed on LOMALearn is prohibited.

User Conduct
While using the Site or Site Contents, you agree to comply with all applicable laws, rules, and regulations and to respect the rights of others using the Site. In particular you agree not to:

  1. Restrict or hinder any other user from using the Site or Site Content or from purchasing any products or services sold by LOMALearn or its affiliates;
  2. Take any action intended to threaten, intimidate or harass any other user of the Site;
  3. Take any action or post or transmit any data or information which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, or otherwise harmful or objectionable;
  4. Post or transmit any material that you do not have a right to reproduce, display, or transmit;
  5. Post or transmit any Material that contains a virus, Trojan, or corrupted data:
  6. Use the Site to send unsolicited marketing, promotional, sales, or other forms of solicitation, "spam", or "junk mail" to other users;
  7. Submit, distribute, or transmit through the Site or its Internet links any materials that do not meet the requirements of these Terms of Use;
  8. Impersonate any person or entity, including but not limited to, a LOMALearn official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, or forge anyone else's digital or manual signature;
  9. Violate any applicable local, state, national or international law; or
  10. Attempt to gain unauthorized access to LOMALearn's or any other organization's or person's computers, software, or data or use the Site in a manner that adversely affects the availability of its resources to other users.

We reserve the right to refuse use of the Site or the purchase of products or services from LOMALearn by any user who, in our sole discretion, violates these Terms of Use. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify LOMALearn, and we will work in good faith to resolve any such issues. However, we have no obligation to monitor the Site or Site Content and are not responsible for the accuracy or reliability of any Site Content or opinion, advice, or statement made on the Site, or for any defamatory, offensive, or illegal conduct by any user of the Site.

We reserve the right to investigate suspected violations of these Terms of Use, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on LOMALearn's servers and network. You hereby authorize LOMALearn and its affiliates to cooperate with law enforcement authorities in the investigation of suspected criminal violations, and with system administrators at other Internet service providers or other network or computing facilities in order to enforce these Terms of Use. Such cooperation may include LOMALearn's providing the username, IP address, or other identifying information regarding suspected violators.

Links to Third Party Web Sites
The Site includes links to various third party web sites. These links are provided to you solely as a convenience. Such linked third party sites are not under the control of LOMALearn. LOMALearn has not reviewed all of the sites which are linked to its Web Site, and we have not reviewed all of the sites linked from the Web Site. We are not responsible or liable for the contents available at any such linked site and the appearance of a third party link on this site does not imply LOMALearn's endorsement of the linked site, its sponsor, or any products or services offered on the linked site. Use of any linked site is at your own risk.

Indemnity
You agree to save and hold harmless and indemnify LOMA and LOMALearn for and against any and all liability for claims or damages arising from information posted or supplied by any third party or user of the Site, as well as any liability whatsoever arising from using the Site. You agree to use the Site only for your own lawful internal purposes, and acknowledge and agree that the private portions of the Site contain confidential information and trade secrets of LOMALearn, including your password, which may not be disclosed to any third party individual or entity without the express written consent of LOMALearn. You shall be solely responsible for any and all charges incurred for your use of the Web site, including any and all sales, use, telecommunication, excise and related taxes imposed by any entity or governmental authority now or in the future.

No Warranty or Liability.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT LOMALEARN IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," NEITHER LOMALEARN NOR ANY THIRD PARTY SUPPLIER OF INFORMATION CONTAINED IN THE SITE MAKES ANY EXPRESS OR IMPLIED WARRANTIES, AND LOMALEARN AND ALL THIRD PARTY SUPPLIERS OF INFORMATION CONTAINED IN THE SITE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY; THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; ALL IMPLIED WARRANTIES CONCERNING INFORMATION CONTENT INCLUDING THE ACCURACY, COMPILATION, AND RELIABILITY OF THE INFORMATION CONTAINED IN THE SITE; THE IMPLIED WARRANTY OF EFFORT TO ACHIEVE A PURPOSE; AND THE IMPLIED WARRANTY OF QUALITY OF ANY AND ALL COMPUTER PROGRAMS USED TO RUN, OPERATE, OR ACCESS THE WEB SITE. NEITHER LOMALEARN NOR ANY THIRD PARTY SUPPLIER OF INFORMATION CONTAINED IN THE SITE MAKES ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER LOMALEARN NOR ANY THIRD PARTY SUPPLIER OF INFORMATION CONTAINED IN THE WEB MAKE ANY WARRANTIES CONCERNING THE COMPATIBILITY OF THE SITE OR ANY ELEMENT CONTAINED IN THE SITE WITH THE USER'S HARDWARE OR SOFTWARE.

LOMALEARN AND ALL THIRD PARTY PROVIDERS OF INFORMATION ON THE WEB SITE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, AND SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT, NOR SHALL LOMALEARN OR ITS THIRD PARTY SUPPLIERS OF INFORMATION CONTAINED IN THE WEB SITE BE LIABLE IN ANY WAY FOR USE OR INABILITY TO USE THE SITE.

It is mutually agreed that neither party to this agreement shall be liable for any damage or delay caused by an Act of God, government regulation, power outages, war, fire, flood, disaster, civil disorder, strike or labor disruption that is beyond the control of either party to this agreement, and that makes it illegal or impossible to perform this Agreement or any of its terms.

This Agreement is intended to bind only the parties to it and their corporate successors and may not be assigned by either party without the express written consent of the other. This Agreement constitutes the entire Agreement, and supersedes all prior written or oral agreements or memoranda between the parties.

Both parties to this Agreement are independent contractors and neither party is an agent, employee, joint venture participant with, or partner of the other.

This Agreement shall be governed by the laws of the State of Georgia. By using the Site you consent to personal jurisdiction and venue in the State of Georgia.

You understand that by accessing and using the Site, you are assuming all risk and responsibility for your use of the Site and information therein. If you are accessing or using the site under under the auspices of an employer, you furthermore warrant that you have your employer's authority and permission both to use the Site and to agree to the terms and conditions expressed in this agreement.

Applicable Laws and Jurisdiction
This Agreement shall be governed by the laws of the State of Georgia. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of products and services on the Site. By accessing and using the site you consent to personal jurisdiction and venue in the state of Georgia. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of any action is barred. LOMALearn's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

Any questions or comments related to any of these policies should be directed to lomalearn@loma.org.
 
 
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