Business Training Experts (BTE) – E-Learning Terms of Use

Terms of Use Agreement (Agreement) – BTE hereby grants Licensee a limited named student(s) license to use BTE’s training course. It is not transferable or assignable to any other person(s) or student(s) and cannot be shared without express authorization by BTE.

Purchasing and/or using this training course shall constitute acceptance of the terms of the limited license granted hereunder. All intellectual property rights in this training course shall be retained by BTE. This training course is protected under US Copyright Act of 1976 and all other applicable international, federal, state, and local laws. All rights are reserved. This training course is a proprietary product licensed for limited, individual use by the Licensee and Licensee’s named student(s).

This e-learning course content is licensed to the Licensee and its student(s) for the sole purpose of using BTE’s proprietary content solely through BTE’s internet based Learning Management System (LMS) or as otherwise permitted by BTE in a separate writing. Said separate permission shall be at the sole discretion of BTE. BTE grants Licensee or its students(s) a limited, non-exclusive, nontransferable, royalty-free license to use its E-learning course content for personal or commercial lawful use. BTE does not transfer title to the proprietary content of the e-learning course to the Licensee; this license shall not be considered a “sale” of the proprietary content in the e-learning course. Licensee agrees that the proprietary content belongs to BTE, including all intellectual and proprietary rights, unless otherwise specified. BTE retains all rights, title and interest in and to the content at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. It may NOT be copied, edited, altered, duplicated, broadcast, reproduced, stored, or re-transmitted, disseminated, nor may it be rented, loaned, exchanged or sold for any purpose whatsoever, whether or not for value, without the express written consent of BTE.

The following activities are strictly prohibited and shall constitute willful copyright infringement and violation of these Terms of Use:

• Broadcasting or Projecting the training course in any manner including, but not limited to webinars, web conferencing, satellite, cable, closed circuit television, video conferencing system, video/screen projectors.
• Permitting access, distribution or circulation of the training course to individuals other than the named student through any other method(s), medium(s)/ platform(s) including but not limited to posting on YouTube or other third-party sites/outlets.
• Recording, saving, or duplicating the training course and/or training course materials in any manner.
• Reverse engineering, modifying or examining the computer and software files of the training course, or any segment of the computer and software code.
• Reselling the training course except by assigned BTE distributors.

Breach. Any use of the training course not in accordance with the Terms of Use of this Agreement shall constitute a material breach of this Agreement entitling BTE to immediately terminate the license to use this training course without notice entitling BTE damages and injunctive relief under international, federal, state, and local laws. Licensee/Student agree that BTE shall be entitled to recover its damages, attorney fees and costs in enforcing the terms of this Agreement and as provided by all applicable laws.

Warranty. The foregoing warranties and remedies are exclusive. BTE expressly disclaims all other warranties, express, implied or statutory, including without limitation the implied warranties of non-infringement, merchantability or fitness. This program is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that neither the author nor publisher is providing or rendering legal, accounting, or other professional service(s). If legal advice or other expert assistance is required, the services of a competent professional should be sought.

WARRANTY DISCLAIMER. BTE’s SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. BTE, ITS SUPPLIERS, AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES, OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE ETENT THAT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, BTE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT. IN PARTICULAR BUT WITHOUT LIMITATION, BTE DOES NOT WARRANT THAT OPERATION OF THE E-TRAINING COURSE WILL BE UNINTERRUPTED OR ERROR FREE. THIS PRODUCT, OR PORTIONS OF THIS PRODUCT, ARE DELIVERED OVER THE PUBLIC INTERNET. OUTAGES, EXCESSIVE TRAFFIC, MAY DELAY OR MAKE THIS PRODUCT IMPOSSIBLE TO USE IN CERTAIN SITUATIONS, WHICH ARE BEYOND THE CONTROL OF BTE.

LIMITATIONS OF LIABILITY. IN NO EVENT SHALL BTE OR AN ASSIGNED DISTRIBUTOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE VALUE OR BENEFITS BTE OR THE ASSIGNED DISTRIBUTOR CONTEMPLATED; NOR SHALL BTE OR ASSIGNED DISTRIBUTOR HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT IN EXCESS OF THE PAYMENT MADE BY LICENSEE UNDER THIS AGREEMENT.

Eligibility. You may only license the use of BTE’s Services if you are (a) over 18 years old and (b) allowed by law to enter into a binding contract.

Privacy. BTE governs any personal information you provide to us. By using the Services or Software you agree to the terms of all BTE Privacy Policy(s) which may be amended from time to time.

Availability. Pages describing the Services are accessible worldwide but this does not mean all Services or service features are available in your country, or that student-generated content available via the Services is legal in your country. We may block access to certain Services (or certain service features or content) in certain countries. It is your responsibility to make sure your use of the Services is legal where you use them. Services are not available in all languages.

Additional Terms. Some Services or Software are also subject to the additional terms below not enumerated here. Any content that we provide to you (such as Software, samples, etc.) are licensed, not sold, to you, and may be subject to Additional Terms. New Additional Terms may be added from time to time.

Governing Law and Miscellaneous - This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, excluding conflicts of laws, provisions and the United Nations Convention for the International Sale of Goods, and each party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state and/or federal District Court located in Hennepin County, State of Minnesota, United States of America, in any action of proceeding arising out, or related to this Agreement and its enforcement. The parties hereby irrevocable waive any objection on the ground that any such action or proceeding in such court has been brought in an inconvenient forum and Licensee acknowledges that they have transacted business in the State of Minnesota by entering into this Agreement and that the jurisdiction, choice of law and venue provisions of this Agreement specifically negotiated terms of this Agreement.

Licensee agrees that any waiver of strict enforcement of the terms of this Agreement by BTE or Assigned Distributor shall not waive any rights to enforce the terms of this Agreement. Licensee acknowledges that Licensee has not relied on any oral representations of BTE or its employees or Assigned Distributor or its employees in entering into this Agreement.

Revised October 2015