LMS Terms of Service

Blended Learning (hereinafter “the Service”) is owned and operated by the National Joint Apprenticeship and Training Committee (hereinafter “NJATC” or “we”). The Service is an on-line system and service for providing full-length NJATC training courses for IBEW members and NECA personnel with various forms of curricula for the initial training of Electrical Apprentices and Continuing Electrical Training (CET) for IBEW & NECA members/employees not indentured in apprenticeship training.

You are required to agree to the following terms and conditions for use of the Service, including any subsequent amendments, and any operating rules or policies that may be published from time to time (collectively, the “Terms of Service”).

USER REGISTRATION, PASSWORD AND SECURITY

You have received a user name and password that allow you to gain access to the Service. You are responsible for maintaining the confidentiality of your user name and password and for all activities in connection with your account. If you become aware of any unauthorized use of your password or account, you agree to notify us immediately. Further, you may not transfer or sell your account to another party without the written consent of NJATC.

PROHIBITED USES

In connection with your use of the Service, you agree not to (a) upload, post, or otherwise transmit any viruses or other harmful, disruptive, or destructive files; (b) access or attempt to access any software or content you are not authorized to access; (c) disrupt or interfere with the security of, or otherwise cause harm to, the Service, or any systems, accounts, passwords, servers, or networks connected to or accessible through the Service; or (d) use any data mining, robots, or similar data gathering and extraction methods.

Further, you agree not to use any information or material accessed through the Service that is protected by copyright, patent, trademark and/or trade secret in violation of any applicable laws or confidentiality agreements previously entered into and hereby incorporated herein. Further, you agree to abide by all local, state, national and international laws and regulations applicable to your use of the Service.

Further, you agree not to disclose in any manner, and to maintain the confidentiality of, any source or object code accessible through the Service and the arrangement, appearance, general “look and feel,” and sequence and progression of screen displays accessible through use of the Service.

USE OF CONTENT

You acknowledge and agree that as between you and NJATC, the text, graphics, audio, video, data, and applications (“Content”), including their selection, arrangement, and associated “look and feel,” made available in connection with use of the Service, are owned by NJATC.  NJATC is the sole owner of intellectual property rights in the Content under copyright, trademark, patent, and/or other applicable laws. Any misuse of the Content will violate such laws and the Terms of Service and may subject you to civil and criminal penalties.

Except as expressly provided in conjunction with your use of the Service, the NJATC grants no express or implied rights to use the Service (other than those rights previously mentioned), including, without limitation to: copy, frame, upload, modify, sell, republish, transmit, assign, distribute, license/sublicense, reverse engineer, or create derivative works.

TERMINATION

Any misuse of the Service or breach of the Terms of Service will cause the immediate termination of your account and your right/ability to use to the Service.

INDEMNIFICATION

You agree to indemnify, defend and hold NJATC and its subsidiaries, affiliates, officers, and employees harmless from any loss, liability, claim, demand, damage, or expenses (including reasonable attorneys' fees) asserted by any third party due to or arising from or in connection with your use of the Service.

DISCLAIMER OF WARRANTIES

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND NJATC THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION:

THE CONTENT, INFORMATION AND OTHER MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. WE MAKE NO WARRANTY THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE SERVICE OR THE SERVER(S) THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND NJATC THAT IS INTENDED TO GOVERN THE MATTER IN QUESTION:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL NJATC, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM NETWORK OR SYSTEM OUTAGES, FROM FILE CORRUPTION OR ANY OTHER REASON. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

IF YOU ARE DISSATISFIED WITH THE SERVICE OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

From time to time, we may change the Terms of Service. When we do so, we will use reasonable means (for example a “Modified” logo in the footer of the home page) to provide notice of the change, including a “last modified” date on this page. You agree these forms of notice are reasonable and sufficient, and your continued use of the Service after notice of a change has been posted constitutes your acceptance of any changes. If you do not approve of the changes, you should cease your use of the Service.

Irrespective of our right to modify the Terms of Service, we reserve the right to modify or discontinue the Service, temporarily or permanently, with or without notice. You agree that we shall not be liable to you for any modification to or discontinuance of the Service.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “Agree” BUTTON, YOU REPRESENT THAT YOU ARE AUTHORIZED TO USE THE SERVICE AND AGREE TO USE THE SERVICE AND ALL MATERIAL ACCESSED THROUGH THE SERVICE IN ACCORDANCE WITH THE TERMS OF SERVICE AND ALL APPLICABLE LAWS.

Effective: