Cornerstone Learning Vault – Terms and Conditions of Use
Cornerstone Information Systems, Inc.
Updated April 12, 2022
- Purpose of this Website:
The purpose of this Website is to provide You with access to information about Our software services products and related services (the “Content”), some of which is proprietary and/or confidential. The Terms are meant to protect all of Our visitors to this Website.
This Website, as well as the contents of this Website, including all information, text, graphics, images, hyperlinks and other material including user contributions (the “Materials”), are for general educational purposes only and are not intended to be used for the purposes of legal, accounting, medical or other professional advice and should not be relied on as such. CIS does not endorse any statements or opinions made in the Materials nor determine the truthfulness, accuracy, reliability, currency or completeness thereof. CIS does not take any responsibility for the Materials nor will CIS be responsible for any damages to users of the Website, however caused. Use of the Website or Materials and any reliance on the Materials is at your own risk.
- Your Agreement with CIS
Use of the Site is restricted to users who are eighteen (18) years of age or older and are in good standing as a customer, contractor or employee of Cornerstone or of an active customer of Cornerstone in good standing, or otherwise explicitly authorized by Cornerstone to use this Website. By using this Website, You represent and warrant that You meet at least one of the foregoing eligibility requirements. If You do not meet any of these requirements, You must not access or use this Website.
By accessing or using this Website, You accept these Terms and agree to be bound by them. If You do not agree with any portion of the Terms, your only option is to discontinue use of this Website, and you must discontinue any such use if you do not agree with these Terms.
We reserve the right, in Our sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications, alterations, and updates shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated Terms.
- General Disclaimers, Restrictions, Compliance, and Disclaimer of Warranties
You agree to comply with U.S. Export Administration Regulations (“EAR”), Executive Orders and foreign government regulations relating to the exportation and/or importation of software and related materials (collectively, “Export Controls”). You agree not to export (directly or indirectly), re-export, divert or transfer any Content or any materials, items or technology related to the Website or Content or related technical data or any direct product thereof to a destination, company or person restricted or prohibited by Export Controls. You also represent that You are not such a company or person.
You agree to comply with the provisions of all applicable federal, state, county, and local laws, ordinances, regulations and codes (including procurement of required permits or certificates. You and Your affiliates represent and warrant that neither You nor any affiliate is identified, either by name or an alias, pseudonym or nickname, on the lists of “Specially Designated Nationals” or “Blocked Persons” maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (text available at http://www.treas.gov/offices/enforcement/ofac/). Further, You and Your affiliates represent and warrant that You have not violated, and agree that You will not violate, any law prohibiting corrupt business practices, money laundering or the aid or support of persons who conspire to commit acts of terror against any person or government, including acts prohibited by the U.S. Patriot Act (text available at http://www.epic.org/privacy/terrorism/hr3162.html), U.S. Executive Order 13244 (text available at http://www.treas.gov/offices/enforcement/ofac/sanctions/terrorism.html), or any similar law. The foregoing constitute continuing representations and warranties, and You and Your affiliates shall immediately notify CIS in writing of the occurrence of any event or the development of any circumstance that might render the foregoing representation and warranty false, inaccurate or misleading. You agree to indemnify, defend against, and hold CIS harmless from, any loss or damage sustained because of noncompliance under this Section.
3.2 No Warranty
Except as expressly set forth, CIS makes no warranties, whether express or implied, or statutory regarding or relating to the Website or the Content, or any materials or services furnished or provided to You from this Website. Specifically, CIS does not warrant that the Website or Content will be error free or perform in an uninterrupted manner. To the maximum extent allowed by law, CIS specifically disclaims all implied warranties of merchantability and fitness for a particular purpose (even if CIS had been informed of such purpose) with respect to the Website, Content and support and with respect to the use of any of the foregoing.
THIS WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEBSITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY, USEFULNESS, OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEBSITE.
WE ARE A DISTRIBUTOR AND NOT A PUBLISHER. WE HAVE NO MORE EDITORIAL CONTROL OVER SUCH INFORMATION AND CONTENT THAN DOES A PUBLIC LIBRARY OR NEWSSTAND. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING IN THE LINKED SITES) ARE THOSE OF THE RESPECTIVE AUTHORS OR DISTRIBUTORS OF SUCH CONTENT.
YOU USE THIS WEBSITE AT YOUR OWN RISK. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING WITHOUT LIMITATION YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
- Your Consent for Our Use of Your Data
We collect data and information about You, e.g. via the registration process for your use of the Website and Content, including personally identifiable information about you and about your use of this Website and the Content (“Your Data”). We use Your Data in order to provide the Website and Content to You for Your access and use subject to these Terms, and also for Our marketing and other business purposes. Your use of this Website constitutes your acknowledgement and agreement as to CIS’ right to collect and use Your Data, including Your name, email, role, address, and corporate affiliation.
- Laws and Regulations
User access to and use of this Website is subject to all applicable international, federal, state and local laws and regulations.
- Violation of Rules and Regulations
Cornerstone Information Systems reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular internet address to this Website.
- Confidential and Proprietary Information
We control and operate this Website. All Content on this Website, including, but not limited to, text, photographs, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by Us or Our affiliates, or by third party content providers, merchants, sponsors and licensors (collectively the “Providers”) that have licensed their content or the right to market their products and/or services to Us. Content on this Website or any Website owned, operated, licensed or controlled by the Providers is solely for Your personal, non-commercial use. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content. You may download a single copy of any Content contained on this Website, solely for Your personal, non-commercial use, consistent with these Terms, provided that You maintain all copyright and other notices contained in such Content.
You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Us or the Providers. Your modification of the Content, use of the Content on any other Website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of Us or the Providers, violates the intellectual property rights and proprietary rights of the Content owners and is prohibited.
You may not reproduce or in any other way use any registered or unregistered trademark, service mark or copyrighted material appearing on this Website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise publish (e.g., incorporate into another website) any of the Content or other materials on this Website without Our express prior written consent.
Violation of trademark and copyright laws may result in significant civil liability or criminal penalties under United States and/or worldwide copyright and trademark laws. You recognize that any reproduction or use of Content, except as authorized by these Terms, is considered intentional infringement.
You hereby acknowledge and agree that unauthorized disclosure of Confidential and Proprietary Information would likely result in irreparable harm to CIS for which damages will not be an adequate remedy, and agree that CIS shall be entitled to equitable relief in addition to all other remedies available at law.
- Limited License
CIS grants you a non-assignable and non-transferable limited license to access and use (display, print, download) the Content for your personal, non-commercial use. You must retain all copyright notices such as trademark notices and other proprietary notices that are contained in the original Materials. You are not permitted to copy, modify, reproduce, sell, rent, lease, loan, distribute, or otherwise dispose of, deal with or use the Materials or Services for any public purpose or for any commercial gain.
Parts of this Website are available only to registered users and may be subject to payment and other agreements. You agree not to attempt access to these parts of the Website without complying with all terms of such agreements. If you are authorized to access a part of this Website for a certain time period, then the license to use the Materials and Services will terminate upon the expiration of the applicable time period.
- User’s Responsibilities
You warrant and represent to Us that You will not use this Website for any purpose that is unlawful or prohibited by these Terms, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If You violate any of these Terms, Your permission to use this Website immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at Our discretion for any reason, including for violation of these Terms.
In the event that You are provided with User identification numbers or codes (collectively, “ID’s”), confirmation numbers, and/or passwords (as applicable) in the use of this Website, You shall maintain such User ID’s, confirmation numbers, and/or passwords in confidence and You agree not to distribute or disclose the same to third parties. It is Your responsibility to notify Us if We need to change or discontinue any of Your ID’s, confirmation numbers, or passwords. It is also Your responsibility to immediately request discontinuation of an ID, confirmation number, or password upon Your knowledge or belief that such ID, confirmation number, and/or password is, or may be subject to, a breach of confidentiality. We may suspend or terminate Your service or access to this Website if We believe a breach of these Terms has occurred.
You agree to provide true, accurate, current and complete Information. If You provide any Information that is untrue, inaccurate, not current or incomplete (or We have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete), We have the right to suspend or terminate Your access and activity, and refuse any and all current or future use of this Website.
- Acceptable Use
You agree to not use this Website, the Content, or any CIS software, software services, products or other property to:
- Upload, post, email, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death- images; if serious enough, the content will be reported to the appropriate legal authority.
- Harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority.
- Illegality/Adult Content
CIS neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation.
CIS reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.
Further, should You violate this policy, CIS will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer’s site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
- Wrongful Conduct
You shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
Without limiting other remedies, CIS may immediately issue a warning, suspend (i.e., prevent Your access to and use of the Website and/or Content) either temporarily or indefinitely, or terminate your account and refuse to provide Services to you if: (a) CIS believes that You have violated or acted inconsistently with this Agreement, or any of our policies; or (b) You have failed to pay any applicable fee or other payment due; or (c) CIS is unable to verify or authenticate any information you provides to CIS; or (d) CIS believes that Your actions may cause legal liability for any person or party, including CIS.
CIS may in its sole discretion and at any time discontinue providing the Website and/or Content, or any part thereof, to you, with or without notice. You agree that any termination of Your such access may be effected without prior notice and acknowledge and agree that CIS may immediately deactivate, archive or delete Your account and all related information and data and/or any further access to such data.
Further, you agree that CIS shall not be liable to you or any third-party for any such termination. Upon termination of this Agreement by either Customer or CIS, all of Your rights and permissions under this Agreement will terminate immediately.
- Prohibited Activities
You are specifically prohibited from any use of this Website, and You agree not to use or permit others to use this Website, for any of the following: (a) take any action that imposes an unreasonable or disproportionately large load on the Website’s infrastructure, including but not limited to “spam” or other such unsolicited mass e-mailing techniques; (b) disclose to, or share with, the assigned confirmation numbers and/or passwords with any unauthorized third parties or using the assigned confirmation numbers and/or passwords for any unauthorized purpose; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Website; (d) upload, post, emailing or otherwise transmitting any Information, Content, or proprietary rights that You do not have a right to transmit under any law or under contractual or fiduciary relationships; (e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law; and, (f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy Our Web pages, or the Content without Our prior written permission, provided that generally available third party Web browsers such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.
- Information Posted to Website
With respect to all information which You elect to post to publicly accessible areas of the Website, You agree that We have the right to use, reproduce, modify, publish, perform and display such Information (in whole or part) worldwide.
You acknowledge and agree that We may preserve information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Information violates the rights of third parties; or (d) protect the rights, property, or personal safety of Our business, employees, Providers, affiliates, users, and/or the general public.
- Links to Other Websites
- Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between You and such advertiser. You agree that We (and the Providers) shall neither be responsible nor liable for any loss or damage incurred by You as the result of any such dealings or as the result of the presence of such advertisers on this Website.
- Limitation of Liability
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEBSITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEBSITE OR ANY OTHER LINKED SITE.
OUR LIABILITY, AND THE LIABILITY OF OUR PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500. Some states do not allow for the limitation of liability, so the foregoing limitation may not apply to You.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEBSITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified elsewhere herein will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Us and the Providers, and to all respective officers, directors, employees, representatives, attorneys, and agents.
- Limitation of Liability for Services Arranged through the Site
YOU AGREE THAT CORNERSTONE INFORMATION SYSTEMS IS A MERE AGENT FOR THE PROVIDERS OF SERVICES AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO TRAVEL SERVICES. ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE SERVICES OFFERED THROUGH THE WEBSITE ARE LIMITED TO CLAIMS AGAINST ANY AND ALL SERVICE PROVIDERS. CORNERSTONE INFORMATION SYSTEMS HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY CARRIER OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE CORNERSTONE INFORMATION SYSTEMS FROM ANY LIABILITY WITH RESPECT TO THE SAME.
- Transmission of Personal Data
User acknowledges and agrees that by providing Cornerstone Information Systems with any personal or proprietary user information through the Website, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Cornerstone Information Systems’ standard business practices.
User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Cornerstone Information Systems is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. See Our posted Privacy Statement.
- Governing Law, Jurisdiction, and Choice of Law
We operate this Website (excluding Linked Sites) from Our offices within the State of Indiana. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Indiana, by accessing this Website, You agree that these Terms and Your use of the Website shall be governed in all respect by the internal substantive laws of the State of Indiana, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of Indiana for all disputes, cases and controversies regarding this Website, Your use of this Website, and Your relationship with Us. We make no representation that materials on this Website are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited.
Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which You reside.
We reserve the right to report any wrongdoing, if and when We become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from Your use of this Website, Your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on Our: (a) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with You in the defense or settlement thereof; and (c) allowing You to control such defense or settlement. We shall be entitled to participate in such defense at Our own cost and expense.
- Message Boards
In the event that We provide message boards or discussion forums on this Website (the “Forums”), You agree to use the Forums only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to You or any other person or entity. In addition, You warrant that all moral rights in any uploaded materials have been waived. While We do not and cannot review every message posted by You or any other User in the Forums, and although We are not responsible for these messages, We reserve the right (but not the obligation) to delete, move, or edit messages that We, in our sole discretion, deem abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. We do not endorse any Information posted on this Website through forums.
You agree that You must evaluate, and bear all risks associated with, the use of any messages, Information, or Content, including any reliance on the accuracy, completeness, or usefulness of such messages, Information, or Content. In this regard, You acknowledge that You may not rely on any Content We create or information submitted to Us by third parties, including without limitation, information in the Forums, and in all other parts of this Website.
- Other General Provisions
These Terms are for the benefit of Us and the Providers, Our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against You on its (or their own) behalf. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.
You and We are dealing at arms’ length, creating a commercial relationship. We are not Your Agent or Your fiduciary.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.