lynda.com, Inc. Online Training Library®: Terms and Conditions of Use

1. Contact Information.

Address
lynda.com, Inc.
4171 Market Street, Suite C
Ventura, CA 93003-8300

Customer Service
Visit: http://www.lynda.com/feedback/

2. Definitions.

• “lynda.com,” “Website,” or “Site” refers to the website maintained on the World Wide Web by lynda.com Inc., available at http://www.lynda.com and http://movielibrary.lynda.com, and includes the OTL.
• “Online Training Library®” or “OTL” means the subscription-based database of audiovisual works that is available through lynda.com and is part of lynda.com.
• “User” refers to any party who Accesses the Site or the OTL.
• “Subscriber” refers to any party who Accesses the Online Training Library®.
• “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site or the Online Training Library®.
• “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent modification.
• “You” or “Your” refers to the User.

3. Acceptance of Terms.

Please carefully read the following Terms (including all disclaimers) before Accessing the Site and Online Training Library®. By Accessing the Site (including the Online Training Library®) via the World Wide Web or any other medium, User accepts and agrees to all covenants and conditions imposed in this Agreement.

lynda.com Inc. 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 lynda.com Inc. 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. Authorized Use.

lynda.com Inc. hereby grants to You a non-exclusive, non-transferable license to Access the content and information available at the OTL according to the provisions contained herein and subject to the payment of the applicable subscription fees and adherence to these Terms.

5. Fees.

The right of Access granted under these Terms is effective only upon payment of the subscription fees, which are strictly non-refundable other than as expressly provided herein. lynda.com Inc. offers three (3) subscription plans: Per Month, Annual and Premium. The Per Month plan is a monthly subscription plan. The Per Month subscription automatically renews, and lynda.com Inc. will charge the subscription fees to Your credit card, every one-month period unless You cancel the subscription as set forth herein. The Per Month subscription shall renew, and lynda.com Inc. will charge the monthly subscription fees, on the same date of each corresponding month. If a particular month does not have the date, lynda.com Inc. will charge the monthly subscription fees on the final date of that month. For example, a monthly subscription commencing on January 31, 2009 will be renewed, and the monthly subscription fees charged, on February 28, 2009. The Annual and Premium plans are annual subscription plans. The Annual and Premium subscriptions automatically renew, and lynda.com Inc. will charge the subscription fees to Your credit card, every one-year period unless You cancel the subscription as set forth herein. The Annual and Premium subscriptions automatically renew, and lynda.com Inc. will charge the subscription fees to Your credit card, on the same date of each corresponding year. For example, an Annual or Premium subscription commencing on May 1, 2009 will be renewed, and the Annual or Premium subscription fees charged, on May 1, 2010. You may cancel Your Per Month, Annual or Premium subscription up to three (3) calendar days after the monthly or annual renewal date and receive a full refund of the new subscription fees. If You do not cancel Your subscription within three (3) calendar days after the monthly or annual renewal date, You shall be obligated to pay all subscription fees for the new monthly or annual subscription period. Only Annual and Premium subscriptions purchased after the effective date of these Terms (stated below) shall automatically renew as set forth herein. If You received any discount, rebate or other special offer on Your initial Per Month, Annual or Premium subscription, lynda.com Inc. will renew Your subscription at the then-current full subscription rate for Your plan, and lynda.com Inc. will charge You the then-current full subscription fees. Discounts, rebates and special offers are only valid for the initial subscription term unless otherwise stated on lynda.com Inc.‘s official discount, rebate or special offer materials. lynda.com Inc. may increase the subscription fees at any time and for any reason, and such increased fees shall be applicable to any subsequent subscription period, provided, however, that lynda.com Inc. has provided at least ten (10) calendar days written notice of such fee increase before the renewal date for Your subscription.

6. Access to the OTL.

lynda.com Inc. strives to provide the OTL to its Subscribers on a continuous basis. To that end, lynda.com Inc. will take all commercially reasonable efforts to provide uninterrupted Access to the OTL to its Subscribers. However, from time to time, Subscribers may be unable to Access the OTL due to conditions beyond lynda.com Inc.‘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 OTL to its Subscribers, lynda.com Inc. 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.

lynda.com Inc. endeavors to provide the highest quality content to its Subscribers. To that end, lynda.com Inc. reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site or the OTL, 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.

7. 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 lynda.com Inc.‘s computers, servers or databases.
2. Engage in any action that lynda.com Inc. 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 OTL other than what is expressly allowed by these Terms.
4. Permit or provide others Access to the OTL 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 lynda.com Inc.‘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 States.
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 OTL.
13. Post obscene, defamatory or illegal material on the Site or OTL.

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

8. Warranties.

lynda.com Inc. warrants that the software that allows Users to Access the OTL (“Software”), if operated as directed, will substantially achieve the functionality described. LYNDA.COM INC. 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.

lynda.com, Inc. also warrants that the media containing the Software, if provided by lynda.com, Inc., is free from defects in material from the date You acquired the Software. lynda.com, Inc.'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 lynda.com, Inc. of Your problem with the Software within thirty (30) days of discovering the problem will lynda.com, Inc. be obligated to honor this warranty. lynda.com, Inc. 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 LYNDA.COM INC. 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.

9. 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 8), 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. LYNDA.COM INC. DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE, SITE OR OTL. LYNDA.COM INC. DOES NOT WARRANT THAT THE INFORMATION ON THE SITE OR OTL IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL LYNDA.COM INC. 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 LYNDA.COM INC. RECEIVED FROM YOU FOR A SUBSCRIPTION TO ACCESS TO THE OTL, 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 LYNDA.COM INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT LYNDA.COM INC. RECEIVED FROM YOU FOR A SUBSCRIPTION TO ACCESS TO THE OTL, EVEN IF LYNDA.COM INC. 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 LYNDA.COM INC., COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. LYNDA.COM INC. IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.

NO DEALER, AGENT, OR EMPLOYEE OF LYNDA.COM INC 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.

10. Third Party Content.

You acknowledge that lynda.com Inc. does not pre-screen third party materials. lynda.com Inc. is not the publisher or author of any information on the Site that is provided by third party content providers, and lynda.com Inc. 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 lynda.com Inc. lynda.com, Inc. assumes no responsibility for those products or services.

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

LYNDA.COM INC. 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, LYNDA.COM INC. DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.

11. Copyrights and Trademarks and other Proprietary Rights.

lynda.com Inc. 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 lynda.com Inc. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the OTL may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of lynda.com Inc., 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 lynda.com Inc. 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.

12. Indemnification.

User agrees to defend, indemnify and otherwise hold harmless lynda.com Inc. 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.

13. Security.

Users are prohibited from violating or attempting to violate the security of the Site. lynda.com Inc. 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 Online Training Library®. 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.

14. Termination of Agreement.

In addition to lynda.com Inc.‘s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. lynda.com Inc. may also terminate Access to the OTL or cancel subscriptions to the OTL 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 lynda.com Inc. 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, 7, 8, 9, 10, 11, 12, 13, 16 and 17 shall survive. Your obligations to pay outstanding subscription fees shall survive any termination of this Agreement.

15. Privacy Statements.

lynda.com Inc. values Your trust. In order to honor that trust, all of lynda.com Inc.‘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 lynda.com Inc. collects is: name, address, city, state, postal code, telephone number, and e-mail address. lynda.com Inc. also stores financial information in its databases entered by Users, such as credit card numbers and related identification information. lynda.com Inc. does not rent, sell, or exchange information about Website visitors and generally restricts access to User information to qualified lynda.com Inc. employees and agents. lynda.com Inc. 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 lynda.com Inc. User information in order to provide operational or other support services are required by lynda.com Inc. to comply with our high standards of security. lynda.com Inc. 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 the “My Account” link and the “Edit Contact Info” link. You will be able to edit your personal information on the “Edit Contact Info” 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. lynda.com Inc. 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.

16. Miscellaneous.

These Terms constitute the entire agreement between lynda.com Inc. and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between lynda.com Inc. 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, lynda.com Inc. may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. lynda.com Inc.‘s remedies are cumulative and not exclusive. Failure of lynda.com Inc. 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 OTL, User signs and accepts this shortening of the statutes of limitations. lynda.com Inc. makes no representation that the content of the Site is appropriate or available for use in all locations. lynda.com Inc. operates this Site from the United States 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.

17. GOVERNING LAW AND DISPUTE RESOLUTION:

These Terms and any claim or action related to or arising from these Terms shall be governed by California law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and lynda.com Inc. shall be finally resolved through binding arbitration in Ventura, California. The arbitration shall be conducted by a single arbitrator who is a retired judge. 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 California Superior Court, County of Ventura, for any equitable claim or action related to or arising from these Terms.