Infogix Training Services Terms and Conditions

This document represents a legally binding agreement (“Agreement”) between you and Infogix, Inc. (“Infogix”, “our”, “us”, “we”) that defines your rights and obligations regarding your use of our online training services, including any documentation we may provide (collectively, “Service”). By accessing and using our Service, you accept, without limitation or qualification, the legal terms and conditions of this Agreement stated below.

Electronic Signature
You acknowledge that by signing up for our Service, you are electronically signing this Agreement and waive any right to signature-based defenses.

Payment Requirement
You understand that our Service is not free and that the company you work for must provide payment for your access to our Service. Unless otherwise waived in writing by Infogix, your company must provide Infogix with a valid purchase order number authorizing your access to our Service. You understand that Infogix is not required to provide you with any access to our Service until we have received a purchase order number for payment from your company. You understand that our fees for any aspect of our Service are subject to change and that if a purchase order amount does not match the fees for our Service, we may reject the purchase order.

Customer Validation
You understand that you must be validated as an Infogix customer before you will be allowed to access our Service. The validation process includes contacting both you and the company you work for to determine if your request to access our Service is authorized. You understand that Infogix is not required to provide you with any access to our Service until this validation process has been successfully completed.

Your Account
You understand that you will be provided an account to access our Service. You agree not to transfer your account password or access information to any other party that would enable that party to gain unauthorized access to our Service. Infogix reserves the right to terminate your access to our Service if we find that you have allowed another party to use your account.

Intellectual Property Rights
You understand that our Service is fully protected under United States and International Copyright laws. You understand that the Infogix name, logo, and our product names are registered trademarks of Infogix. Your copying or redistribution in any form of any aspect of our Service and/or use of any Infogix trademark without expressed written consent of Infogix is strictly prohibited. You understand that your access to our Service grants you absolutely no rights in any of our intellectual property.

Disclaimer of Warranties
Infogix makes no representations or warranties regarding the condition or functionality of our Service and associated technologies. Infogix makes no representations or warranties that you will be able to access our Service consistently and without error. Our Service is provided "as is" without express or implied warranty, including the implied warranty of merchantability and fitness for a particular purpose.

Limitation of Liability
Infogix shall not be liable for any damages suffered by the users of our Service, regardless of the nature of such damages. Infogix shall not be liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and us. Notwithstanding anything to the contrary contained herein, Infogix’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Infogix for your use of our Service.

Rules of Conduct While Using Our Service
All users of our Service understand and agree to the following rules of conduct while using our Service:
  1. You agree to use our Service solely for its intended purposes only.
  2. You agree to abide by this Agreement.
  3. You agree to not copy our Service or allow others to do so through your account.
  4. You agree to not use your account to allow unauthorized access to our Service or to allow the sale, license, lease, rental, subscription, or any other commercial distribution mechanism of our Service.
  5. You agree to not harvest or collect email addresses or other contact information from users of our Service for the purposes of sending unsolicited emails or other unsolicited communications.
  6. You agree to not upload, post, or otherwise transmit any content to Infogix, our Service, or our users:
    1. That is unlawful, harmful, threatening, defamatory, vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, harms minors, or is ethically or otherwise objectionable.
    2. 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 non-disclosure agreements).
    3. That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
    4. That interferes with or disrupts the Infogix servers or networks.
    5. That intentionally or unintentionally violates any applicable local, state, national or international law.
    6. That collects, displays, or stores personal data about other users or third parties, through programmatic or any other means, including, but not limited to, addresses, phone numbers, email addresses, identification or tax numbers, and credit card numbers.
    7. That promotes or provides instructional information about illegal activities; promotes hate, physical harm or injury against any group or individual; or promotes any act of cruelty to animals. This may include, but is not limited to offers of prostitution, the illegal sale of firearms, instructions on how to commit crimes, selling alcohol to minors, etc.
    8. That is in any way considered unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
    9. That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Service, or which may expose Infogix and its users to any harm or liability.


Indemnification
You agree to indemnify Infogix and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or the use of our Service and any products and services you purchase through them.

Release of Personal Information
Infogix is committed to your privacy and will not share your personal information with anyone. However, you understand and agree that Infogix may release user information about you if required by law or subpoena, or if such release of the information is necessary to address unlawful or harmful activity.

No Refund Policy
Generally, Infogix does not provide refunds for your use of our Service. However, in limited circumstances, Infogix may allow you to retake a course, if in our sole discretion, after reviewing the circumstances, we determine that you could not access the course you were taking due to a technical issue that was out of your control.

Choice of Law
You agree that the laws of the State of Illinois, without regard to its conflict of law principles, are to be used with regards to any interactions with Infogix and our Service.

Arbitration of Disputes
To the extent allowed by law, we each irrevocably waive any and all rights to trial by jury in any legal proceeding between the parties arising out of or related to our Service. All disputes must be brought within one (1) year of the event giving rise to the dispute. If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our Service, you agree that we will resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Naperville, Illinois, in accordance with the commercial arbitration rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and Infogix. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

Communications
All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to Infogix on or by our Service or otherwise disclosed, submitted or offered in connection with your use of our Service, including, without limitation, completing online forms or surveys, public postings, or emails sent to us by you (collectively, “Communication”) shall be and remain the property of Infogix. Infogix is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to our Service will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Communication submitted by you to our Service will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through our Service. You agree that Infogix may (but shall not be obligated to) send email to you for the purpose of advising you of changes or additions to our Service or for such other purposes as Infogix deems appropriate.

General Information
Use of our Service is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Infogix has endeavored to comply with all legal requirements known to it in creating and maintaining our Service but makes no representation that materials on our Service are appropriate or available for use in any particular jurisdiction. Use of our Service is unauthorized in any jurisdiction where all or any portion of our Service may violate any legal requirements and you agree not to access our Service in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use. Any alleged waiver of any breach of these Legal Terms shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Infogix in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of our Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Infogix in printed form.

Consultants
You understand that Infogix produces propriety software and that Infogix does not generally provide outside consultants with training in the use and operation of Infogix products. If you are a consultant to an Infogix customer and desire to use our service, you understand that in addition to the customer validation process described above, your company must also have a current affiliate agreement with Infogix before you will be allowed to access our Service. You must identify yourself as a consultant and what consulting company you work for when registering for our Service. You understand that Infogix is not required to provide you with any access to our Service until these qualifications have been established. If you do not identify yourself during registration as a consultant and Infogix later determines you have provided false information in order to obtain training, you personally as well as the company you represent will be subject to both criminal and civil liability for computer fraud.






INFOGIX
1240 East Diehl Road
Suite 400
Naperville, IL 60563
Tel: +1.630.505.1800
Fax: +1.630.505.1812



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