POND CENTER OF LEARNING AND INNOVATION (training.pondco.com)
These Center of Learning and Innovation Terms of Use (the “Learning Center Terms”) govern your access to and use of the training.pondco.com website and associated webpages (collectively, the “Training Platform”), via which Pond & Company and its affiliates (including, without limitation, Pond & Associates, Inc., Pond Constructors, Inc. and Pond Holdings, Inc.; all of the foregoing collectively, “Pond”) makes available certain training content, courses and services (collectively, “Training Services”) to its employees, and select associates, vendors, and clients with the purpose to share knowledge and provide relevant training courses in a central location.
These Learning Center Terms are in addition to, and not in lieu of, the general Terms of Use applicable to the pondco.com website (the “Terms”) and the Privacy Policy referenced therein. Capitalized terms used and not otherwise defined herein have the same meanings given for those terms in the Terms. As used in these Terms, “we,” “our” or “us” refers to Pond. “You,” “yours” or other similar designation refers to the person accessing or using the Training Platform or Training Services and, if that person is a representative of an entity that is our customer, that entity.
Please read these Learning Center Terms carefully. If you do not accept these Learning Center Terms, you may not use the Training Platform or Training Services. We reserve the right to change these Learning Center Terms from time to time as described in the Terms. .
ELIGIBILITY
Before you can access or use the Training Platform or Training Services, you must be able to enter into a legally binding contract with us. This means that (1) if you are a person, you must be at least eighteen (18) years old and have the legal capacity to enter into a contract, and (2) if you are using the Training Platform or the Training Services on behalf of an entity, you must have the legal authority to bind such entity to these Terms. You must complete our registration completely and accurately, including, without limitation, agreeing to these Learning Center Terms and providing us with correct contact information. By using the Training Platform or the Training Services, you represent and warrant that you satisfy these qualifications.
ACCOUNT
You must register and create an account with us in order to access and use the Training Platform and Training Services in accordance with the paragraph titled “Truthful Disclosure” in the Terms. You are responsible for maintaining the confidentiality of your personal information and for restricting access to your computer and your account. You are responsible for all activities that occur under your access credentials, and we will not be liable for any actions by any other individual that uses your account (including, without limitation, any other authorized users), identity or personal information with or without your consent or knowledge. You also agree to notify us promptly of any unauthorized use of your account, account information, identity, or personal information, or other breach of security that you become aware of involving or relating to the Training Platform or the Training Services. In addition, you agree to exit from your account at the end of each session.
ACCESS TO TRAINING SERVICES AND CONTENT
From time to time, we may establish minimum browser or system requirements (the “System Requirements”) for the equipment from which the Training Services should be accessed so that all included functionalities are operational; we will provide you notice of the System Requirements (if any) by posting them on the Training Platform. You may be required to purchase software, hardware or services (such as Internet access services) in order to utilize the Training Services or satisfy the System Requirements, as may be amended by us from time to time. You will be solely responsible for all such software, hardware and services.
We may suspend provision of the Training Services in whole or in part and without notice: (i) if we believe a users’ use of the Training Services represents a direct or indirect threat to the function or integrity of the Training Services, our or its service providers’ system or networks, or any third party’s use of the Training Services; (ii) if reasonably necessary to prevent unauthorized access to the Training Services or any data or materials included therein; (iii) to the extent necessary to comply with legal requirements; or (iv) as otherwise permitted under these Terms.
FEES; PAYMENT
We reserve the right to make some or all our Training Services available to our third-party vendors and contractors (“Third Party Users”) on a paid basis. Third Party Users must have a valid PayPal account to purchase such Training Services. The fees for such Training Services will be displayed on the Training Platform prior to a Third Party User’s purchase or access of the same and are subject to change. Upon a Third Party User’s purchase of such Training Services, we will charge the applicable fees to your PayPal account. If we cannot process your charges, you will not have access to the selected Training Services (for you and your authorized users) until your payment can be processed. All such fees are final and nonrefundable. Any disputes about any charges to you under these Terms must be submitted to us in writing within 60 days of the date such charges are incurred. You agree to waive all disputes not brought within the 60-day period, and all such charges will be final and not subject to challenge.
USE OF TRAINING SERVICES
Except as specifically stated herein, the notices and restrictions set forth in the Terms under the paragraphs “Site Content” and “Use of Site” apply to the Training Platform and Training Services and your use and access of the same. Subject to the terms and conditions of this Agreement, we grant you a limited, nontransferable, nonexclusive license to access over the Internet and use the Training Services solely in connection with your relationship with Pond and in its ordinary course of business. You may download materials available on the Training Platform only to the extent any access or use instructions provided to you with any such materials specifically instruct or permit you to do so.
From time to time, we may make enhancements or customization to the Training Services. Any intellectual property created in the course of performing the Training Services, whether by us alone or jointly with any user, shall be and remain the exclusive property of Pond, and you assign any of your rights, interest or title in or to the same to us. Pond and its licencors retain all right, title, and interest (including copyright and other intellectual property rights or informational rights) in and to the Training Platform, the Training Services and all legally protect-able elements or derivative works of the foregoing. We may place copyright or other proprietary notices, including hypertext links, within the Training Services, and you may not remove such notices without our written permission.
LIABILITY DISCLAIMER AND LIMITATION
THE TRAINING PLATFORM, TRAINING SERVICES AND THE INFORMATION, VIDEOS, CURRICULUM, DOCUMENTS, MATERIALS AND OTHER ELEMENTS INCLUDED IN OR AVAILABLE THROUGH THE TRAINING PLATFORM AND TRAINING SERVICES ARE PROVIDED EXCLUSIVELY AN “AS IS” BASIS, AND ALL OF THE FOREGOING ARE CONSIDERED “CONTENTS” AS DESCRIBED IN THE TERMS. You acknowledge and agree that Pond’s liability with respect to the Training Platform, Training Services and its contents, or your use of the same, is limited as set forth in the Terms under “Liability Disclaimer and Limitation”
TERMINATION; SURVIVAL
We may suspend the Training Platform or the Training Services or terminate your access to the same at any time, with or without cause, without notice. The definitions in these Learning Center Terms and the provisions under the headings Use of Training Services, Liability Disclaimer and Limitations, and Termination; Survival will survive any such termination.
Please refer to the Terms of Use and Privacy Policy for additional terms and conditions applicable to the Training Platform and Training Services. These Learning Center Terms are part of the “Agreement” described in the Terms.