Terms and Conditions
LITHIUM TECHNOLOGIES, INC. - LITHIUM CAMPUS WEB-BASED TRAINING TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS.
TO THE EXTENT THAT NO BINDING AGREEMENT, WRITTEN OR ELECTRONIC (“OTHER AGREEMENT”), IS ALREADY IN PLACE BETWEEN USER (DEFINED BELOW), OR THE COMPANY BY WHOM USER IS EMPLOYED, AND LITHIUM (DEFINED BELOW) PERTAINING TO THE SERVICES TO WHICH THESE TERMS APPLY, USER’S ENROLLMENT IN A LITHIUM WEB-BASED TRAINING COURSE SHALL BE DEEMED CONCLUSIVE EVIDENCE OF USER’S ACCEPTANCE OF ALL OF THESE TERMS AND CONDITIONS (INCLUDING, BUT NOT LIMITED TO, ANY LICENSE SET FORTH BELOW). TO THE EXTENT THAN ANY OTHER AGREEMENT IS IN EFFECT, THEN SUCH OTHER AGREEMENT WILL GOVERN USER’S ACCESS AND USE OF LITHIUM CAMPUS WEB-BASED TRAINING AND THESE TERMS AND CONDITIONS WILL NOT APPLY EVEN IF USER IS REQUIRED TO CLICK THE BOX AFFIRMING USER’S CONSENT TO THE TERMS INCLUDED HEREIN. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO CONSTITUTE A REPRESENTATION, GUARANTEE, WARRANTY OR PROMISE THAT A PARTICULAR RESULT WILL OCCUR BASED ON PARTICIPATION IN THE LITHIUM WEB- BASED TRAINING. USER AGREES THAT THIS AGREEMENT IS ENFORCEABLE TO THE SAME EXTENT AS A WRITTEN AGREEMENT NEGOTIATED AND SIGNED BY USER.
- These Lithium Campus Web-Based Training Terms and Conditions (the “Training Terms’”) constitute a legal agreement between you, an individual named user (“User”), and Lithium Technologies, Inc. ("Lithium”). Lithium and User may be individually referred to in these Training Terms as a “Party” and collectively referred to as the “Parties". By accepting, User confirms that he or she has read these Training Terms, is authorized to enter into these Training Terms independently (if purchasing training for User’s individual use and benefit) or on behalf of the User’s employer (if purchasing training in the course of User’s employment responsibilities), and that User accepts and agrees to all Training Terms set forth herein.
- Lithium will have no liability to any User for any direct or indirect loss resulting from User’s scheduling conflicts or technical issues arising from or related to the Lithium Campus Web-Based Training. Lithium Campus Web-Based Training is for User’s individual use only and may not be licensed, resold or redistributed by User. In addition, User may not share user name and password with any other individual.
- Subject to these Training Terms, Lithium grants User a limited, non-transferable, non-exclusive license to view the Lithium Campus Web-Based Training. User is responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the Lithium Campus Web- Based Training. Nothing in this Agreement grants or transfers to User ownership or intellectual property rights to the Lithium Campus Web-Based Training. Lithium retains all right, title and interest in the Lithium Campus Web-Based Training and all related materials. Lithium Campus is protected by US and international copyright and trademark laws and no portion of the materials on Lithium Campus may be printed, published, modified or distributed in any form without prior approval of Lithium. Any rights not expressly granted by these Training Terms are reserved by Lithium.
- Term and Scheduling.
- Each Lithium Campus Web-Based Training course is available to User through the Lithium Campus site for a duration of fourteen (14) consecutive days (the Term). The Term shall Commence upon payment verification and email notification with a link to the content. The User can access the course at any time during the Term. At the end of the Term, access to the Lithium Campus Web- Based Training course will expire regardless of whether the course was accessed or completed.
- Lithium may make available in-person training courses from time to time. All in-person training shall be performed on the date specified by Lithium.
- In the event User has registered for such in-person training courses and should need to reschedule, reschedule requests must be submitted to Lithium via email to email@example.com and Lithium shall use reasonable efforts to accommodate such request(s); provided however, that i) User request for rescheduling must be received at least fourteen (14) calendar days prior to the scheduled training date; ii) reschedule requests received less than fourteen (14) calendar days prior to the scheduled training date, or where User has otherwise failed to show up for the training course on the scheduled date shall be invoiced in full at Lithium standard rates for the applicable course; and iii) fees associated with training courses not properly rescheduled or where User has otherwise failed to show up may not be applied towards any future course.
- Lithium reserves the right to cancel any training course due to insufficient enrollment by providing notice to customer at least seven (7) calendar days prior to schedule commencement date. In the event of cancellation by Lithium, User may elect to receive a full refund of registration fees paid or credit toward an alternative class(es). Lithium will not be responsible for any costs associated with travel arrangement. Lithium’s liability will be limited to the training fees paid, as outlined above. Lithium strongly recommends purchasing refundable air tickets as well as refundable hotel rates. If a training class is cancelled by Lithium due to circumstances beyond its reasonable control (e.g. weather, natural disaster), the User is entitled to a full class credit which much be used within twelve (12) months of the date of the original class for another class offered by Lithium.
- The Lithium Campus site will be accessible to User via the internet twenty-four (24) hours a day, seven (7) days a week, except for: (a) scheduled maintenance and required repairs; or (b) any loss or interruption in the LMS due to circumstances beyond the control of Lithium or which are not reasonably foreseeable by Lithium, including (by way of example} interruption or failure of telecommunications or digital transmission links and internet slowdowns or failures.
- EXCEPT AS EXPRESSLY SET FORTH HEREIN, THERE ARE NO REPRESENTATIONS OR WARRANTIES BY LITHIUM, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. LITHIUM IS DELIVERING THE LITHIUM CAMPUS WEB-BASED TRAINING ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER AND LITHIUM SPECIFICALLY DOES NOT PROVIDE WARRANTIES WITH RESPECT TO USE BY USER OF THE LITHIUM CAMPUS WEB-BASED TRAINING OR THE WEBSITE. LITHIUM DOES NOT WARRANT THAT THE LITHIUM CAMPUS WEB-BASED TRAINING OR ANY MATERIALS PROVIDED BY LITHIUM TO USER WILL MEET THE REQUIREMENTS OF USER. IN NO EVENT WILL LITHIUM BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. User accepts full responsibility for any investment made in, or based upon, the Lithium Campus Web-Based Training. Lithium cannot and does not warrant the accuracy, correctness or completeness of the Lithium Campus Web-Based Training. Lithium is not liable for any services or products related to the Lithium Campus Web-Based Training that are provided by non-Lithium affiliated third parties. If User’s contractual remedies fail of their essential purpose, Lithium’s sole obligation is to return the amount User paid for the Lithium Campus Web-Based Training. Under no circumstances will Lithium or its suppliers be liable for damages exceeding amounts User paid for the course(s) of the Lithium Campus Web-Based Training that is the basis of User’s claim. Any action against Lithium for claims under this Agreement must be brought within eighteen (18) months after the cause of action accrues.
- The content, availability and access and all other features, attributes or aspects of the Lithium Campus Web-Based Training and the website are subject to change, modification, addition or deletion at any time without notice to User, at Lithium’s sole discretion.
- User agrees to comply with these Training Terms and/or any Other Agreement as between the parties, and all applicable laws and regulations. User further agrees that it will not modify, reverse engineer, or decompile any content accessed via the Website, nor will it create derivative works based on Website content. User will not distribute, rent, lease, sell, license or otherwise transfer rights to access the Website or Lithium Campus Web-Based Training to any other person or entity or make any other commercial use of the Lithium Campus Web-Based Training.
- (A) Except for the obligation of payment, neither Party will be liable for non- performance caused by circumstances beyond their reasonable control, including without limitation work stoppages, delays in transportation, terrorist acts, delay in delivery by vendors, fire, civil disobedience, war, epidemics or acts of nature. (B) User shall not sell, assign, mortgage, encumber or otherwise transfer, including by operation of law, any Lithium Campus Web-Based Training course or its rights and obligations under these Training Terms, in whole or in part, without the prior written consent of Lithium. Any attempt by User to sell, assign, mortgage, encumber or otherwise transfer any of its rights, duties or obligations hereunder shall be void and User’s license shall automatically terminated. (C) These Training Terms shall inure to the benefit of the successors and assigns of Lithium. These Training Terms constitute the entire agreement between the Parties with respect to this subject and supersede and cancel all prior agreements or understandings (whether oral, written or electronic; as well as any different, conflicting or additional terms which appear on any purchase order or form User submits (except that quantities, dates, installation location and means of transportation may be specified by User’s purchase order and Lithium’s acknowledgment). (D) These Training Terms may only be amended by written agreement between the Parties. The Parties may waive provisions of these Training Terms in writing only. Any waiver of any provision of these Training Terms will not be deemed a waiver of any subsequent rights in these Training Terms. (E) These Training Terms are governed by and construed in accordance with the laws of the State of California, United States of America, exclusive of conflict of laws principles. (F) The Parties acknowledge that breach of these Training Terms may result in irreparable harm and loss, and upon a breach of these Training Terms the non-breaching Party shall be entitled to immediate injunctive relief from a court of competent jurisdiction, which is in addition to, not in lieu of remedies at law. (G) If any section of these Training Terms or the application thereof shall be invalid or unenforceable, in whole or in part, the remainder of these Training Terms or the application thereof shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
BY CLICKING “I AGREE” YOU, THE USER, ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE LITHIUM TRAINING WEB-BASED TRAINING TERMS AND CONDITIONS.