Concept Keys, Inc., Policies
Copyright (c) 2000-2009 Concept Keys, Inc., all rights reserved
All materials contained on this site are the property of Concept Keys, Inc. unless otherwise noted. ALL RIGHTS RESERVED. The text contained within the course, or any part thereof, may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, printing, downloading, or storing in an information retrieval system, or otherwise, without the express written consent of the publisher.
Concept Keys, Inc. User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH CONCEPT KEYS, INC. OFFERS YOU
ACCESS TO OUR SERVICES:
1. DISCLAIMERS AND LIMITATION OF LIABILITY
CONCEPT KEYS IS ONLY A VENUE. Concept Keys does not create the content of any information that
is shared or in any way endorse, warrant, or guarantee its quality, accuracy, or legality. Concept Keys
does not set nor endorse the quality, conformance or legality of the content provided.
(a) ALL CONTENT IS PROVIDED AS IS, WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONCEPT KEYS AND ALL OF ITS SUPPLIERS AND LICENSEES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ALL CONTENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE OR OUR SITE WILL BE FREE FROM BUGS, DEFECTS OR ERRORS, OR ACCESSIBLE WITHOUT INTERRUPTION. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY CONCEPT KEYS, ITS EMPLOYEES OR REPRESENTATIVES, OR THROUGH OR FROM THE SERVICE, WILL CREATE A WARRANTY; YOU SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
YOU UNDERSTAND AND AGREE THAT CONCEPT KEYS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT, MEMBER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
YOU RELEASE CONCEPT KEYS (AND OUR MANAGERS, AGENTS, EMPLOYEES, AND AFFILIATES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTES RELATED TO THIS AGREEMENT OR ANY TRANSACTION ON THIS SITE.
(b) LIMITATION OF LIABILITY
(i) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL CONCEPT KEYS BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE, LOST PROFIT, LOSS OF DATA OR ANY OTHER INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, RELIANCE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES OF ANY KIND THAT ARISE OUT OF OR ARE RELATED TO (i) FAULTS IN THE SERVICE, (ii) ANY SUSPENSION, TERMINATION OR INABILITY TO USE THE SERVICE, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY REGARDING THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. THE FOREGOING LIMITATION APPLIES WHETHER OR NOT CONCEPT KEYS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
(ii) IN ADDITION TO THE LIMITATIONS SET FORTH IN SECTION 1(b)(i) ABOVE, YOUR DIRECT DAMAGES ARE LIMITED TO THE GREATER OF (i) THE TOTAL OF THE FEES PAID OR RECEIVED BY YOU THROUGH USE OF THE SERVICE DURING THE 12 MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, AND (ii) $100.
(c) EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 1(a) AND 1(b) MAY NOT APPLY TO YOU.
2. REGISTRATION, MEMBERSHIP, PASSWORD AND SECURITY
(a) The Service is available only to individuals who can form legally binding contracts under applicable
law. Concept Keys also may refuse to provide the Service to any person, or prohibit any person from
using the Service, at any time, in our sole discretion.
(b) To use this Service, you must become a registered member ("Member") of Concept Keys. Membership registration requires certain information, including your name, address, telephone number and email address. In consideration of your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the appropriate registration form (such information is your "Member Information"), and (ii) maintain and promptly update your Member Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Concept Keys has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then Concept Keys has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You agree that the information submitted by you or relating to your use of the Service and the username you select, may be viewed by any and all Members on our site.
(c) You will receive a password, user name and account designation upon completing the appropriate registration or membership process. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You are responsible for all persons acting or purporting to act on your behalf. You are responsible for the actions and statements of all persons who access this Site using your user name or password. You agree that prior to permitting any person to use the Services on your behalf, each such person will first acknowledge in writing the terms of this agreement and agree to be bound by them, and you will furnish Concept Keys with a copy of such acknowledgment upon request. You agree to (i) immediately notify Concept Keys of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Concept Keys cannot and will not be liable for any loss or damage arising from the use of any Member's password, except to the extent due to the gross negligence of Concept Keys. You may not use or attempt to use the Service with any password other than your single Concept Keys password, and you may maintain only one (1) account with Concept Keys.
The access fees for Concept Keys products vary across products and withing the retail and wholesale applications. The fees for a particular transaction are clearly stated in response to each specific inquiry. Any questions should be sent to firstname.lastname@example.org.
4. CONFIDENTIAL INFORMATION AND PRIVACY
5. YOUR CONTENT
(a) In addition to all other rights and licenses herein, you grant to Concept Keys a royalty-free, fully-paid,
perpetual, irrevocable, non-exclusive, fully sublicensable, and assignable right and license to any
copyright, trademark and publicity rights now existing, or hereinafter in existence in all Content you
submit, or post in whole or in part to use, reproduce, publish, translate, distribute, transmit, perform and
display all such Content worldwide, in any format or media, whether now known or hereafter invented, for
the following purposes: (i) delivering your Content to the appropriate Members as described herein and
on the Site, (ii) storing your unmodified Content on our systems for such purposes, and (iii) using portions
of your Content in our marketing materials and marketing efforts. You understand that the technical
processing and transmission of the Service, including your Content, may involve (A) transmissions over
various networks; and (B) changes to conform and adapt to technical requirements of connecting
networks or devices.
(c) You acknowledge that it is Concept Keys's policy to block access to the Site to Members that repeatedly submit information to Concept Keys that violates third party copyrights. You acknowledge that Concept Keys will in its sole discretion determine who is a repeat infringer. Repeat infringers will not be permitted to access or use any of the Concept Keys services.
(e) You hereby represent, warrant and covenant to Concept Keys that all Content you submit, post to or transmit through the Service does not and will not infringe any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party.
6. MEMBER CONDUCT
(a) You agree to not use the Service to:
(i) upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity, falsely state your identity or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (v) upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or that you obtained in a wrongful manner; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any material that contains software viruses, Trojan horses, time bombs, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment other than for research or computer/software support and maintenance (provided that in no event may you upload, post, or otherwise transmit any such material to the extent that such action will or could result, automatically or in connection with any other action other than the willful action of any third party, in any damage, interruption, destruction or limitation of or to Concept Keys's systems, software, hardware, site, databases or Services); (viii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (ix) download any file or information posted by any other Member that you know or should reasonably know cannot be legally distributed through the Site; or (x) attempt to unlawfully manipulate the price of any item or interfere with any other Member's activities; or (xi) intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
(b) You agree not to store or aggregate any Content of other Members except through your use of the storage capabilities afforded by the Service.
9. APPLICABLE LAWS
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and you agree to comply with all applicable local, state, federal, and international laws, statutes, rules and regulations relating to a Member's use of the Site. Without limiting the foregoing, Members are responsible for observing all applicable tariffs and trade laws.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, publish, distribute, sell, resell or exploit for any commercial purposes, any portion of the Service (including any Content and information), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Concept Keys may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content (including e-mail messages) will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by your account on the Service, the maximum size of any e-mail message that may be sent from or received by your account on the Service, the maximum disk space that will be allotted on Concept Keys's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Concept Keys has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
12. MODIFICATIONS TO SERVICE
Concept Keys reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Concept Keys shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.
14. PROPRIETARY RIGHTS
15. LINKS AND ADVERTISEMENTS
Concept Keys may provide links to other sites. Concept Keys has no control over such sites and resources and as such is not responsible or liable for the any content, advertising, products, or other materials on or available from such sites or resources. Concept Keys shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Concept Keys may run advertisements and promotions from third parties on the Site. The manner, mode and extent of advertising by Concept Keys on your account is subject to change. Your correspondence or business dealings with, or participation in the promotions of, advertisers other than Concept Keys, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Concept Keys is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such non-Concept Keys advertisers on the Site.
Except as explicitly stated otherwise, any notices to Concept Keys shall be given by e-mail to email@example.com, and any notices to you shall be given by e-mail to the e-mail address you provide to Concept Keys during the registration process. Notice shall be deemed given 24 hours after an e-mail notice is sent, unless the sending party is notified that the address is invalid. Notices posted on the Site are effective upon posting. We may also give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during your registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
17. FORCE MAJEURE
Concept Keys shall not be deemed in default hereunder, nor shall you hold Concept Keys responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its reasonable control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, act of God, labor controversy or threat thereof, civil disturbance or commotion, disruption of the public markets, war or armed conflict or the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, including internet access, or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree.
18. RELATIONSHIP BETWEEN THE PARTIES.
Member and Concept Keys are independent contractors, and no agency, partnership, joint venture, employer-employee or other similar relationship is intended or created by Member's acceptance of the Member's Terms or Use or use of the Site.
19. NO PROFESSIONAL ADVICE.
Any information supplied by any employee or agent of Concept Keys is intended solely as general guidance for the Services offered through Concept Keys and does not constitute legal, tax, accounting or professional advice. Individual situations and applicable laws vary and Members are encouraged to obtain appropriate advice from their own qualified professionals.
This Agreement has been prepared in the English language. Concept Keys does not warrant that any translations of this Agreement will have precisely the same meaning in any language. In the event of a conflict between the English language version and any other version, the English language version shall control.
21. INTERNATIONAL USERS.
The Site is controlled, operated and administered by Concept Keys from its offices within the United States of America. Concept Keys makes no representation that materials at this Site are appropriate or available at other locations outside of the United States. Members may not use the Site or export the contents in violation of U.S. export regulations. If a Member access' this Site from a location outside of the United States, such Member is responsible for compliance with all applicable local laws.
22. GENERAL INFORMATION
23. COPYRIGHTS AND COPYRIGHT AGENTS (17 U.S.C. 512(I)).
Concept Keys respects the intellectual property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes copyright infringement, please provide
Concept Keys's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. Your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Concept Keys's Copyright Agent for Notice of claims of copyright infringement on its site is Will Powers, who can be reached as follows: By mail:
1157 Whispering Trail Circle
Lewisville, TX 75067
By phone: 817/996-2808
By email: firstname.lastname@example.org
Who Can See Your Data?
Anyone taking a Concept Keys Program which has Owners, Coordinators, or Teachers, should be aware that those people will have access to any data you enter into the system for that specific program. Some examples:
- If you are a Student enrolled in a program, your Teacher can see any data you enter into the system. If the Teacher elects to give Coordinator status to a Teaching Assistant, the T.A. will be able to see your data as well.
- If you are an employee of company XYZ and are enrolled in a program they are providing, all Owners of that program (typically Senior Organizational Officials) and any assigned Coordinators (typically Supervisors and Mangers) will be able to view any data you enter into the system.
Aside from these cases, Concept Keys, Inc., makes every effort to insure your data is kept completely private.
In order to enjoy the services offered at Concept Keys, Inc., you must first become a registered member ("Member"). We ask that you provide your name, phone number, address, email address, a user name, and password. This information allows us to identify you as a unique user. We require the use of passwords by those who register to use our site (the "Site") in order to ensure that only Members use our services.
Use of Information; Aggregated Query and Visitor Survey Information
We may aggregate personally identifiable information and disclose such information in the aggregate to advertisers. However, in these situations, we do not disclose to these entities any information that could be used to personally identify you. Certain information, such as your password, is not disclosed to marketing advertisers in the aggregate at all. We may use your IP address to help diagnose problems with our server and to administer our Site. We may also collect statistics from a Member survey. This information helps us make editorial and design decisions to make Concept Keys, Inc. more helpful and even easier for our Members to use. In addition, Concept Keys, Inc. may use personally identifiable information for targeted advertising or media campaigns or to alert you to special offers or changes in our services. If you do not want us to share your general demographic information with other companies or organizations, or if you do not want us to contact you through your email, phone number, or mailing address regarding administrative notices, new product offerings, and other communications relevant to your use of the Site, let us know by emailing us at email@example.com.
Suppliers and Other Service Providers
We may use third party suppliers and service providers to facilitate or outsource our services. In some cases, the service providers may collect information directly from you, in which case, you will be notified of the involvement of the supplier or service provider, and all information disclosures you make will be strictly optional. In all cases, we restrict how the suppliers and other service providers may access, use and disclose your information. Generally, we do not permit them to sell your information to third parties.
The Concept Keys, Inc. Site may contain links to other sites that are not under our control. These sites have their own policies regarding privacy. You should review these polices before visiting the sites. Concept Keys, Inc. has no responsibility for linked sites and provides these links solely for the convenience and information of our users.
You are responsible for maintaining the confidentiality of any password and/or account and are fully responsible for all activities that occur under your password or account. You shall immediately notify Concept Keys, Inc. of any unauthorized use of your password or account or any other breach of security, and you shall ensure that you exit from your account at the end of each session. Concept Keys, Inc. cannot and shall not be liable for any loss or damage arising from your failure to comply with this paragraph.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on our Site, we may collect such information in a file specific to you.
Organizational Return Policy: For any seat which has not been used, a credit of the purchase price for that seat will be given to the organization. Any seat which has been used, but not beyond the first five (5) keys, a credit of the purchase price for that seat will be given to the organization. Any seat which does not meet the above requirements will be given a partial credit based on the unused portion, minus a 10% administrative fee of the purchase price of the seat. Any seat for which all keys have been delivered is not eligible for any refund.
Any quantity discounts given based on initial purchase quantity will be taken into account if the number of refunded seats would cause the inital quantity to fall below discount levels.
Should the organization wish to have any credit balance refunded to them, Concept Keys requires written notice from the organization and verbal confirmation upon receipt of the written notice.
Individual Return Policy: Most purchases are conducted by credit card. Alternative arrangements must be established in advance of any transactions. Should you not have a need for the material purchased, you may receive credit for the purchase of alternative products or a refund on your credit card transaction. Since, the nature of Concept Key products is such that "returning" the product has no value once received, the following policy will be in effect. The amount of credit or refund will be prorated based upon the proportion of Keys currently distributed to your email address. For example, if we have distributed none of the 50 Keys, your proportion for returns would be 100%; if we distributed 10 of 50 Keys, your proportion would be 80%; if we distributed 20 of 50 Keys, your proportion would be 60%, etc.
All Individual Purchase Returns are subject to a 10% administrative fee of the original full price of the purchase.