Highlander Ltd. Online Learning: Terms and Conditions of Use

BY SUBSCRIBING TO ANY SERVICE THROUGH THE HIGHLANDER ONLINE LEARNING SYSTEM, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS OF USE. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY IN ORDER TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH MODIFICATIONS HIGHLANDER MAY MAKE FROM TIME-TO-TIME AND AT ANY TIME. YOUR CONTINUED ACCESS TO OR USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.

1. Contact Information.

Address
Highlander Ltd
31a Bishopthorpe Road
York
YO10 5DG
United Kingdom

Customer Service
Visit: http://www.highlander.co.uk/contact

2. Definitions. 3. Acceptance of Terms.

Please carefully read the following Terms (including all disclaimers) before accessing the site and learning management system. By accessing the site (including the Learning Management System) via the World Wide Web or any other medium, user accepts and agrees to all covenants and conditions imposed in this agreement.

Highlander Ltd reserves the right to modify these terms at any time without notice to user. Except as otherwise stated herein, any change in these terms is effective immediately upon user‘s receipt of notice from Highlander Ltd. Notice can be given through e-mail, posting on the site or any other means by which user may obtain notice. User agrees to check the site periodically for changes to these terms. Any use of the site after changes have been made shall be deemed acceptance of those changed terms of use.

User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.

4. Electronic Marketing.

By creating an account on the Highlander LMS, you are agreeing to Highlander sending you details of products, offers and services that may be of interest to you. You can unsubscribe at any time by following the unsubscribe process on any emails that you receive from Highlander.

5. Authorized Use.

Highlander Ltd. hereby grants to you a non-exclusive, non-transferable license to access the content and information available at the LMS according to the provisions contained herein and subject to the payment of the applicable fees and adherence to these terms.

6. Fees.

Where the right of access granted under these terms is effective upon payment of fees, such fees are strictly non-refundable other than as expressly provided herein. Highlander Ltd may increase the fees at any time and for any reason, and such increased fees shall be applicable to any subsequent purchase.

7. Access to the LMS.

Highlander Ltd strives to provide the LMS to its Subscribers on a continuous basis. To that end, Highlander Ltd will take all commercially reasonable efforts to provide uninterrupted access to the LMS to its subscribers. However, from time to time, Subscribers may be unable to access the LMS due to conditions beyond Highlander Ltd‘s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the LMS to its Subscribers, Highlander Ltd will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

Highlander Ltd endeavors to provide the highest quality content to its Clients. To that end, Highlander Ltd reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site or the LMS, including, without limitation, the content, availability, access and/or the terms of this site, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this site.

8. Prohibited Conduct.

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

  1. Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the site that in any way affects the use, enjoyment or service of the site, or adversely affects Highlander Ltd‘s computers, servers or databases.
  2. Engage in any action that Highlander Ltd determines is detrimental to others‘ use and enjoyment of the site.
  3. Capture, download, save, upload, or otherwise retain information and content available on the site or LMS other than what is expressly allowed by these Terms.
  4. Permit or provide others Access to the LMS using your username or password or otherwise.
  5. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the site.
  6. Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the site.
  7. Transfer the site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the site content; or “deep link” to the site content.
  8. Violate or attempt to violate Highlander Ltd‘s security mechanisms, Access any data or server you are not authorized to Access; or otherwise breach the security of the site or corrupt the site in any way.
  9. Engage in any other conduct which violates the copyright act or other laws of the United Kingdom.
  10. Use any device or other means to harvest information about other users.
  11. Use the site to violate a third party‘s intellectual property, personality, publicity or confidentiality rights.
  12. Misrepresent your identity or personal information when accessing the site or LMS.
  13. Post obscene, defamatory or illegal material on the site or LMS.

In order to ensure that users of the site do not engage in Prohibited Conduct, Highlander Ltd reserves the right to monitor use of the site and reserves the right to revoke or deny access to the LMS to any person or entity whose use of the LMS suggests Prohibited Conduct. Access of the materials available at the LMS beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the LMS and will result in revocation or denial of Access to the LMS. The terms “normal patterns” and “abuse” shall be determined solely by Highlander Ltd

9. Warranties.

Highlander Ltd warrants that the software that allows users to access the LMS (“Software”), if operated as directed, will substantially achieve the functionality described. Highlander Ltd DOES NOT WARRANT, HOWEVER THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR-FREE OR SECURE.

Highlander Ltd also warrants that the media containing the software, if provided by Highlander Ltd, is free from defects in material from the date you acquired the Software.Highlander Ltd's sole liability for any breach of this warranty shall be, in its sole discretion: (i) to replace your defective media or software; or (ii) to advise you how to achieve substantially the same functionality with the software as described; or (iii) if the above remedies are impracticable, to refund the subscription fee you paid for the software. Only if you inform Highlander Ltd of your problem with the software within thirty (30) days of discovering the problem will Highlander Ltd be obligated to honor this warranty. Highlander Ltd will use commercially reasonable efforts to repair, replace, advise, or refund pursuant to the foregoing warranty within thirty (30) days of being so notified. If any modifications are made to the software by you during the warranty period; if the medium is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately terminate. This warranty shall not apply if the software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described.

ALTHOUGH HIGHLANDER LTD HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

10. Disclaimer and Limitation of Liability.

USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 9), EXPRESSED OR IMPLIED, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES‘ RIGHTS ARE SPECIFICALLY DISCLAIMED. HIGHLANDER LTD DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE, SITE OR LMS. HIGHLANDER LTD DOES NOT WARRANT THAT THE INFORMATION ON THE SITE OR LMS IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL HIGHLANDER LTD OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT HIGHLANDER LTD RECEIVED FROM YOU FOR A SUBSCRIPTION TO ACCESS TO THE LMS, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL HIGHLANDER LTD BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT HIGHLANDER LTD RECEIVED FROM YOU FOR A SUBSCRIPTION TO ACCESS TO THE LMS, EVEN IF HIGHLANDER LTD SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HIGHLANDER LTD, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. HIGHLANDER LTD IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF HIGHLANDER LTD IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.

THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

11. Third Party Content.

You acknowledge that Highlander Ltd does not pre-screen third party materials. Highlander Ltd is not the publisher or author of any information on the site that is provided by third party content providers, and Highlander Ltd is not liable for any claims related to such information. Content provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Highlander Ltd assumes no responsibility for those products or services.

Highlander Ltd may contain links and references to other third party websites and materials. Highlander Ltd does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of users. Highlander Ltd does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Highlander Ltd reserves the right to terminate any link or remove any reference found on the site at any time.

HIGHLANDER LTD MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, HIGHLANDER LTD DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

12. Copyrights and Trademarks and other Proprietary Rights.

Highlander Ltd or its third party content providers shall retain all worldwide rights in the intellectual property of the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the site is copyrighted, trademarked, or otherwise protected and owned or licensed by Highlander Ltd except as expressly stated on the site or in these terms, nothing that you read or see on the site or in the LMS may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Highlander Ltd, except as provided in these terms.

If you post any material on the site, you agree that you have publicly disclosed any intellectual property, idea, copyrightable material, invention or know-how posted and that you have granted Highlander Ltd a perpetual license to use, develop, copy and distribute such intellectual property, idea, copyrightable material, invention or know-how without any obligation, including the payment of royalties, or duty to you.

13. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless Highlander Ltd and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from user‘s prohibited conduct or other improper or illegal use of the site.

14. Security.

Users are prohibited from violating or attempting to violate the security of the site. Highlander Ltd will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to enter a username and password to access the LMS. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the site. If you use the site, you do so at your own risk. You are responsible for maintaining the secrecy of your login and password.

15. Termination of Agreement.

In addition to Highlander Ltd‘s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. Highlander Ltd may also terminate access to the LMS or cancel subscriptions to the LMS without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or engaged in conduct that Highlander Ltd deems inappropriate, for its convenience or for any other reason.

In the event of termination of this agreement, the provisions in this section and the provisions found in Sections 2, 4, 8, 9, 10, 11, 12, 13, 14, 17 and 18 shall survive. Your obligations to pay outstanding fees shall survive any termination of this agreement.

16. Privacy Statements.

Highlander Ltd values your trust. In order to honor that trust, all of Highlander Ltd‘s employees are required to adhere to high ethical standards in gathering, using, and safeguarding any information you provide. Personal information is gathered only when users make voluntarily online submissions of such information or voluntarily establish an account. An example of the type of information Highlander Ltd collects is: name, address, city, state, postal code, telephone number, and e-mail address. Highlander Ltd also stores financial information in its databases entered by users, such as credit card numbers and related identification information. Highlander Ltd does not rent, sell, or exchange information about website visitors and generally restricts access to user information to qualified Highlander Ltd employees and agents. Highlander Ltd may transmit a customer‘s credit card data only to the appropriate credit card company and/or credit card payment processing company. Third parties who need access to Highlander Ltd user information in order to provide operational or other support services are required by Highlander Ltd to comply with our high standards of security. Highlander Ltd gathers only user information that is needed to administer its business and enhance and improve its services.

If you would like to modify your personal information, please log into your account by clicking on the “Login” link on the site. Once logged in, click on your name at the very top ofthe page and then select the “Edit Profile” tab. You will be able to edit your personal information on the “Edit Profile” page.

The site places “cookies” on your computer‘s hard drive through your web browsers. Cookies allow the site to recognized your computer when you access the site. If you would like to prevent the placement of cookies on your computer, or remove cookies from your computer, please access the “help” portion of your browser or contact your browser provider. Please be advised that if you block or remove cookies from your computer, you may not have access to all portions of the site or cause the site not to recognize your computer.

The site is intended for use by adults. Highlander Ltd does not knowingly collect or publish any information personally identifying any child under age 13. Children under age 13 should not access the site and should not post any information personally identifying themselves on the site.

17. Miscellaneous.

These Terms constitute the entire agreement between Highlander Ltd and user regarding the subject matter hereof. Any previous agreement, whether oral or written, between Highlander Ltd and user dealing with the subject matter hereof is superseded. These terms may only be modified or amended in writing. If any portion of these terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms shall continue in full force and effect. Upon user‘s breach or threatened breach of these terms, Highlander Ltd may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Highlander Ltd‘s remedies are cumulative and not exclusive. Failure of Highlander Ltd to exercise any remedy or enforce any portion of this agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the site or LMS, user signs and accepts this shortening of the statutes of limitations. Highlander Ltd makes no representation that the content of the site is appropriate or available for use in all locations. Highlander Ltd operates this site from the United Kingdom and makes no representation that the site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this site. You may not assign your rights or delegate your duties under these terms. The parties agree that no third party is an intended beneficiary of these terms.

18. Governing Law and Dispute Resolution:

These terms and any claim or action related to or arising from these terms shall be governed by United Kingdom law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and Highlander Ltd shall be finally resolved through binding arbitration in York, United Kingdom. The arbitration shall be conducted by a single arbitrator who is a qualified solicitor. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the United Kingdom, for any equitable claim or action related to or arising from these terms.