First Planet Software, Inc. Terms of Use. Statement and Legal

Transcription

1 First Planet Software, Inc. Terms of Use Statement and Legal Terms of Use Statement First Planet Software, Inc. is an expert-level software engineering, specialized training, and creative programming services company. This page contains the Terms of Use governing your use of the First Planet Software, Inc. Web Site and its services. Please read this page carefully. The following Terms of Use form a binding Agreement between you and First Planet Software, Inc. and include The Knowledge Webinars. Your use of the First Planet Software, Inc. Web Site indicates and constitutes your acceptance of these Terms of Use. If you do not accept these Terms of Use, you may not use the First Planet Software, Inc. Web Site. Refer to our posted Privacy Policy for full and complete details on how we use your information and hold it absolutely in the strictest of confidence. Legal I. Introduction. First Planet Software, Inc. may revise the Terms of Use at any time in its sole discretion by updating this page. Changes to the Terms of Use will also be binding on you. You should visit this page periodically to review the Terms of Use, because they are binding on you. Any use of the First Planet Software, Inc. Web Site or its services will be considered acceptance by you of the then-current Terms of Use. If at any time you find the Agreement unacceptable, you should no longer use the First Planet Software, Inc. Web Site. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the First Planet Software, Inc. Web Site for any reason. The use of First Planet Software, Inc. and its services is a privilege. First Planet Software, Inc. reserves the right, though unforeseen and not expected, to suspend that privilege on an individual basis for any reason at any time, in its sole discretion. II. Definitions. For the purposes of this Agreement, the following definitions apply: 1. "The First Planet Software, Inc. Web Site" or the "Site" includes the First Planet Software, Inc. Web Site in its entirety, of which The Knowledge Webinars is a part. 2. "Third Party Site" includes any Web Site accessed by a user from or through the First Planet Software, Inc. Web Site. 3. "Content" includes all text, graphics, design, video, audio, and programming used on the First Planet Software, Inc. Web Site to include The Knowledge Webinars. a. "Text" includes all text on every page of the First Planet Software, Inc. Web Site, whether editorial, navigational, or instructional. b. "Graphics" includes all logos, buttons, and other graphical elements and images and Video and Audio clips on the First Planet Software, Inc. Web Site, with the exception of paid advertising banners. c. "Design" includes the color combinations and the page layout of the First Planet Software, Inc. Web Site. d. "Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, PHP, VBScript, databases, etc.) software and data compilations used on the First Planet Software, Inc. Web Site. 4. "Document" refers to any posting to the First Planet Software, Inc. Web Site, whether it's a job posted by us for our placement needs or those of our clients, a resume submitted by you, or any other type of document, image, file, or commentary posted by us or any user. 5. Comments refers to verbiage or general commentary that you submit of your own accord to First Planet Software, Inc. via the website, webinars, or otherwise, such as testimonials, ideas, materials, feedback, suggestions, notes, messages, or other communications and similar submissions disclosed, submitted or offered. III. Intellectual Property Rights. All content on the Site is the sole property of First Planet Software, Inc. or its business partners, content suppliers or clients, and is protected by U.S. and international copyright and trademark laws and treaties. You may not use First Planet Software, Inc.'s, its partners' or affiliates' trademarks in connection with any product or service without the express written permission of First Planet Software, Inc.

2 First Planet Software, Inc. authorizes you to view and download a single copy of the material on the First Planet Software, Inc. Web Site solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML or PHP code used to generate Web pages on the First Planet Software, Inc. Web Site and also specifically applies to all Video and pod casts and webinar content and training materials regarding The Knowledge Webinars. The Knowledge Webinars, the First Planet Software, Inc. design logo and certain other names or logos are the registered and unregistered service marks or trademarks of First Planet Software, Inc., and all related product and service names, design marks and slogans are the service marks or trademarks of The Knowledge Webinars and First Planet Software, Inc. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by First Planet Software, Inc.'s trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners. The content of this entire website is intended solely for your unique, intellectual and professional benefit. All duplication of any aspect of this website is strictly prohibited. Any material provided by First Planet Software, Inc. is subject to the following conditions: a. The material shall only be used for your own personal, non-commercial use; b. The material shall not be copied or posted on any network computer or broadcast in any media forum; c. The material shall not be modified or altered in any way, as this may result in copyright or trademark infringement. No right, title or interest in any materials provided is transferred to you. First Planet Software, Inc. retains all its intellectual property rights in any content, regardless of the method in which received by the user. You may not, without the express written permission of First Planet Software, Inc., use any computer code, data mining software, robot, bot, spider, scraper, or any other automatic device, automation program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor, digitally record, or copy any of the pages in this website, including any data or content found on or accessed through this website. You may not engage in mass downloading from this site or use the computer processing power of this site for purposes other than those expressly written in these terms and conditions. Further, you may not flood this site with electronic traffic, designed to slow or stop its operation. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content of this website without first obtaining written permission from First Planet Software, Inc. 6. We welcome your comments and feedback regarding this website. Be advised that all testimonials, general comments, ideas, materials, feedback, suggestions, notes, messages, or other communications and similar submissions disclosed, submitted or offered to First Planet Software, Inc. via the website or otherwise will become and remain the exclusive property of First Planet Software, Inc. and are not confidential, with the exception of your confidential resume. Your freely submitted comments as such shall constitute an assignment to First Planet Software, Inc. of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. First Planet Software, Inc. will be entitled to use, reproduce, disclose, publish and distribute any non-confidential material you submit in your comments for any purpose whatsoever, without restriction and without compensation, in any way. First Planet Software, Inc. reserves the right to display, publish, reproduce, modify, transmit, sublicense, translate and create derivative works from any comment related submissions you provide. Additionally is reserved the right to distribute such submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation from First Planet Software, Inc. IV. Acceptable Use of this Site. The First Planet Software, Inc. Web Site and its services are intended for individuals seeking technical knowledge, professional enhancement, application for employment through us for special job assignments with us or our clients, and registration for membership in any of our Corporate Services or Consulting programs or Professional training opportunities or involvement in our IT Community activities to include any combination of the following: participation in The Knowledge Webinars, engagement of us in Private Tutoring, Coaching, or Programming Help; to place an order, respond to a survey, fill out a form, or win First Planet merchandise or other prizes; registration to attend special hosted public events or participation in other professional services yet to be announced such as our Test Automation Forum and subscriptions to our Pod Casts, Blog, and quarterly Newsletter.

3 It is necessary for the user to become a registered member of the site by possessing a user account on our site to participate in any of our programs or services. Upon registration, your primary address will become your User ID and you will select a password. Your membership profile will allow you to view or update your data or, as applicable, withdraw your consent to data processing. This is not a site for employers or recruiters seeking candidates for employment. First Planet Software, Inc. is not an employment agency or a recruiting firm. The First Planet Software, Inc. Web Site may be used only for lawful purposes within this stated context of First Planet Software, Inc.'s and The Knowledge Webinars 's intended and acceptable use. First Planet Software, Inc. is the sole interpreter of its intended and acceptable use. As one of the conditions of your use of the First Planet Software, Inc. Web Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the First Planet Software, Inc. Web Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the First Planet Software, Inc. Web Site complies with these Terms of Use. In particular, acceptance of these Terms of Use indicates agreement with and submission to the following rules for posting, conduct, and security on the First Planet Software, Inc. Web Site. Posting Rules 1. Your document [see Section II. Definitions.] may not contain: a. URLs or links to Web Sites, with the following exception: b. If you are a candidate posting your resume to us, a link or URL which leads to a work related portfolio of examples, which would clarify your expertise in your chosen career, is allowed. c. Copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material). d. Trade secrets (unless you own them or have the owner's permission to post them). e. Material that infringes on any other intellectual property rights, or on the privacy or publicity rights of others. f. Anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful. g. Anything that is embarrassing or offensive to another person or entity. 2. You may not use your document to: h. Impersonate another person, living or dead, including without limitation, a First Planet Software, Inc. employee, an authorized user of First Planet Software, Inc.'s services, a candidate or employer, or otherwise misrepresent your affiliation with any person or entity. i. Post false, inaccurate or misleading information. j. Post advertisements or solicitations of business (including, but not limited to, Multi-Level Marketing [MLM] positions, Processors, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User). k. Post chain letters or pyramid schemes. l. Post opinions or notices, commercial or otherwise. 3. Your document must contain sufficient detail to convey clearly to us your qualifications as a candidate for employment. 4. Resume submissions must contain your accurate resume and you must be a living individual seeking employment on a full-time, part-time, or contractual basis on your own behalf. First Planet Software, Inc. is under no obligation to monitor the various forms of documents posted on the Site, but it may monitor documents at random. Documents found to violate the above Posting Rules may be removed at First Planet Software, Inc.'s discretion. Users who violate these Posting Rules may be denied access to the Site at First Planet Software, Inc.'s discretion. First Planet Software, Inc. is the sole interpreter of the Posting Rules. Conduct Rules You may not respond to our job postings in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with us). Communications posted by you soliciting your employment by our competitors or soliciting employment of our staff or users by you are prohibited. 1. You may not communicate, send or place unsolicited commercial , telephone calls, mailings or other contacts to First Planet Software, Inc.'s Web Site Users and or The Knowledge Webinars 's Users. 2. For Member Registration, you shall use a primary account, give accurate information and, where such information changes over time, update such information (to the extent possible) without undue delay. You shall ensure that your address, as supplied to First Planet Software, Inc., is current at all times and is a primary address at which you can be contacted. 3. Protect your Member Registration User Account password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration,

4 whether or not authorized by you. If others use your password to post inappropriate material on the First Planet Software, Inc. Web Site, you risk losing your access to the service. You agree to notify First Planet Software, Inc. immediately of any unauthorized use of your Member Registration User Account and password. 4. You may not register an address that you do not own or for which you do not have the express permission of the owner to register. Further, you shall ensure that user data is not accessible by third parties, and you acknowledge that you shall be liable for all transactions and other activities carried out under your profile. 5. You may not delete or revise any material posted by any other person or entity. First Planet Software, Inc. is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. Users who violate these Conduct Rules may be denied access to the Site at First Planet Software, Inc.'s sole discretion. First Planet Software, Inc. is the sole interpreter of the Posting Rules and Conduct Rules. Security Rules Users are prohibited from violating or attempting to violate the security of the First Planet Software, Inc. Web Site, including, without limitation: 1. Accessing data not intended for such user or logging into a server or account which the user is not authorized to access. 2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. 3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail-bombing" or "crashing". 4. Sending unsolicited , including promotions and/or advertising of products or services. 5. Forging any TCP/IP packet header or any part of the header information in any or newsgroup posting. 6. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents or any other automatic device, automation program, algorithm or methodology having similar processes or functionality, or any manual process) to data mine, navigate, or search the First Planet Software, Inc. and The Knowledge Webinars Web Site other than the search engine and search agents available from First Planet Software, Inc. on the First Planet Software, Inc. Web Site and other than generally available third party web browsers (e.g., FireFox, Microsoft Internet Explorer, Safari, Netscape Navigator, Opera). 7. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising, or in any way making up a part of, the First Planet Software, Inc. Web Site. 8. Framing of or linking to any of the materials or information available from the First Planet Software, Inc. Web Site. Violation of these Security Rules may result in civil or criminal liability. First Planet Software, Inc. will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. V. Disclaimers and Limitations on First Planet Software, Inc.'s and The Knowledge Webinars 's Liability. First Planet Software, Inc. assumes no responsibility for documents, posts, comments and questions posted by Users of the Web Site and The Knowledge Webinars. By accepting these Terms of Use, you assume sole responsibility for the documents, images, posts, or comments, you submit to the First Planet Software, Inc. Web Site and for your conduct on or off the Site. 1. First Planet Software, Inc. assumes no responsibility for the activities or conduct of Users. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web Site, products, services, hiring, employment or recruiting practices, or otherwise. 2. First Planet Software, Inc. makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any documents and comments and The Knowledge Webinars questions or answers to questions posted by Users, or of any other form of communication engaged in by Users. We are under no legal obligation to, and generally do not, control the information provided by Users which is or may be made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Site. 3. Documents may contain inaccuracies or typographical errors. You acknowledge that any reliance on documents posted by us or Users of the First Planet Software, Inc. Web Site and The Knowledge Webinars, or on any other form of communication between us or with Users of First Planet Software, Inc., will be at your own risk. 4. First Planet Software, Inc. makes no representations or guarantees regarding the content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

5 5. First Planet Software, Inc. makes no representations or guarantees regarding the accuracy, reliability, completeness or timeliness of the Site or its content. By accepting these Terms of Use, you agree to use the Site at your own risk. First Planet Software, Inc. may change the Site at any time. 6. FIRST PLANET SOFTWARE, INC. DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FIRST PLANET SOFTWARE, INC. IS NOT RESPONSIBLE FOR THOSE COSTS. 7. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND THE INTERNET GENERALLY. THE FIRST PLANET SOFTWARE, INC. WEB SITE AND ITS CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FIRST PLANET SOFTWARE, INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. FIRST PLANET SOFTWARE, INC. MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. 8. First Planet Software, Inc. makes no representations or guarantees regarding the effectiveness or timeliness of the Site or its content in meeting the professional enhancement or employment objectives of Users. First Planet Software, Inc. does not guarantee that resumes posted to us by our Users will result in actual employment; and due to the fluctuation, unpredictability, and tenuous nature of the employment market itself, First Planet Software, Inc. does not guarantee that advertised positions will actually be filled; and First Planet Software, Inc. is not responsible for any employment decisions, for whatever reason made, which are made by any User. The First Planet Software, Inc. Web Site acts as a multi-faceted venue of which one aspect is for First Planet Software, Inc. to post job opportunities and provide a service to candidates, who have registered with us as Users of the Site, to submit their resumes to us for consideration of their employment. 9. Because user authentication on the Internet is difficult, First Planet Software, Inc. cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the First Planet Software, Inc. Web Site and of The Knowledge Webinars, in the event that you have a dispute with one or more users, you release First Planet Software, Inc. (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 10. IN NO EVENT SHALL FIRST PLANET SOFTWARE, INC. OR ADVERTISERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE FIRST PLANET SOFTWARE, INC. WEB SITE AND THE CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FIRST PLANET SOFTWARE, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN FIRST PLANET SOFTWARE, INC.'S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $ VI. Links to Other Sites. First Planet Software, Inc. may, from time to time, contain links to Third Party Sites. These links, if present, are provided solely as a convenience to you and not as an endorsement by First Planet Software, Inc. of the contents on such Third Party Sites. First Planet Software, Inc. is not responsible for the content of linked Third Party Sites and does not make any representations regarding the content or accuracy of materials on such third-party Web Sites. If you decide to access linked Third Party Sites, you do so at your own risk. By accessing such Third Party Sites, you may become bound by the terms of service of such Third Party Sites. VII. Indemnity. You agree to defend, indemnify, and hold harmless First Planet Software, Inc. and The Knowledge Webinars, it's officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site, the content, any document posted by you, or your breach of these Terms of Use. First Planet Software, Inc. shall provide notice to

6 you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. VIII. User Information. First Planet Software, Inc. may use the information it obtains relating to you, including your IP address, name, mailing address, address and use of the Web Site, for its internal business and marketing purposes but will not disclose the information to third parties for any purposes, other than compliance with the law. In addition, First Planet Software, Inc. reserves the right to comply, in its sole discretion, with legal requirements or requests relating to your use of the Site or its services or information you provide while using the Site or its services or which is provided to you or otherwise gathered by First Planet Software, Inc. with respect to such use. IX. General. First Planet Software, Inc. is based in Hamilton County, Ohio. The Company makes no claims that the content is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access First Planet Software, Inc. or The Knowledge Webinars from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Hamilton County, Ohio. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice," or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between you and First Planet Software, Inc. and The Knowledge Webinars with respect to the use of the Web Site. You understand and agree that, due to the nature of these Terms of Use, in addition to money damages, First Planet Software, Inc. will be entitled to equitable relief upon a breach of these Terms of Use by you. Our Cancellation Policy Your benefit from our training services is absolutely important to us and every effort is made to ensure your knowledge enhancement, technical understanding, and satisfaction. Please contact us for any questions, special requests, or issues with enough lead time so that we can give you the fullest attention you deserve. Cancellations for pre-paid seats at The Knowledge Webinars must be made in writing via with an indicative subject line to: Support@FirstPlanetSoftware.com, no later than 48 hours before the applicable event. Cancellation administrative fees apply. Cancellations received later than 48 hours before an event and missed sessions are non-refundable. Absentees may attend a repeat of the same event or the next most-applicable event, whichever is soonest, within 90 days of the missed session. Our Dynamic Discount Pricing Model We are passionate about supporting the economic recovery by making our world class webinar services available to you via the most cost effective and creative methods possible. Our custom Dynamic Discount Pricing Model is built upon a proprietary time-based fees calculation algorithm, with an adjusted-for-the-economy base price, which is most affordable the sooner your enrollment occurs. Many webinars will have an OPEN pre-enrollment period of variable length, during which it will be possible to purchase seats in advance for the lowest cost possible. Once a webinar's official Registration period begins as the event date draws near, the cost increases dynamically each day throughout the remaining time, until the final maximum price is met. By enrolling in a webinar today, you are guaranteed to receive its lowest possible cost. Your Consent By using our Site, you consent to its Terms of Use. Changes to our Terms of Use Our Terms of Use is subject to change and enhancements at any time. We will post those changes on this page, and/or update the Terms of Use modification date below. These Terms of Use were last modified on January 21, 2010.

7 Contacting Us If there are any questions regarding this Terms of Use you may contact us using the information below. First Planet Software, Inc Glenway Avenue Suite # 145 Cincinnati, Ohio USA