THE ART OF SERVICE TERMS OF USE

The following Terms of Use apply to the The Art of Service web site (the "Web Site") and to the software, services, products, resources, information, content and materials on the Web Site ("Site Content"). By using the Web Site or Site Contents you accept and agree to comply with the following Terms of Use. Your use of certain resources made available on the Web Site or the conduct of certain transactions may be subject to certain additional terms and conditions, which will be made available to you prior to using such resources or conducting such transactions. We reserve the right to modify, alter, update, or remove portions of these Terms of Use at any time, so please check these Terms of Use (and our Privacy Policy) from time to time. Your continued use of the Web Site signifies your acceptance of any changed items. If you do not agree with our Terms of Use, your sole remedy is to discontinue your use of the Web Site. The failure of The Art of Service to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

The Art of Service's Terms of Use
· Community Conduct
· Submissions to The Art of Service
· Downloading Software
· Disclaimers and Warranties
· Limitation of Liability
· Links to Third Party Web Sites
· Indemnity
· Applicable Laws and Jurisdiction
· Copyrights and Trademarks
· Copyright Complaints

Community Conduct
While using the Web Site or Site Contents, you are a part of the The Art of Service community, and you agree that your use will respect the rights of other members of the community. In particular you agree not to: (1) restrict or inhibit any other user from using the Web Site or Site Content or from purchasing any products or services sold by The Art of Service; (2) take any action intended to threaten, intimidate or harass any other user of the Web Site, or which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, otherwise objectionable or harmful; (3) use the Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in those specified ways that are designed for such a purpose; or (4) submit, publish, distribute, or transmit through the Web Site or its e-mail links materials that do not meet the requirements of these Terms of Use; or (5) impersonate any person or entity or forge anyone else's digital or manual signature or attempt to gain unauthorized access to The Art of Service's or any other person's computers, software or data.

We reserve the right to prohibit use of the Web Site or the purchase of products and services from The Art of Service by any user who, in our sole discretion, violates these Terms of Use. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify The Art of Service, and we will work in good faith to resolve any such issues. However, we have no obligation to monitor the Web Site or Site Content and are not responsible for the accuracy or reliability of any Site Content or opinion, advice, or statement made on the Web Site, or for any defamatory, offensive, or illegal conduct by any user of the Web Site.

The Art of Service reserves the right to investigate suspected violations of these Terms of Use, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on The Art of Service's servers and network. You hereby authorize The Art of Service and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) and system administrators at other Internet service providers or other network or computing facilities in order to enforce these Terms of Use. Such cooperation may include The Art of Service providing the username, IP address, or other identifying information.

Submissions to The Art of Service
While participating in the The Art of Service community, you may submit to The Art of Service resources, links, applets, information, content, software code, graphics, artwork, templates or other materials ("Submissions") in accordance with the guidelines set forth at the areas of the Web Site where Submissions are accepted. You hereby grant to The Art of Service a non-exclusive, perpetual, worldwide, royalty-free license to link to, reproduce, distribute, adapt, perform, display and create derivative works from your Submissions, and to sublicense any of the foregoing rights. If your Submissions include software source code, the foregoing license includes the right to analyze, report on, summarize and display the source code. The foregoing grant of licenses does not apply to online courses you create or publish to The Art of Service. The only licenses you grant to The Art of Service with respect to such online courses are set forth in Authoring Terms and Conditions and Publishing Agreement. The Art of Service reserves the right at any time and without notice to refuse to post or to remove any Submission, in its sole discretion.
You agree that your Submissions will meet all of the following requirements for appropriate content, and make the following representations and warranties to The Art of Service:
· You have all rights and has obtained all approvals, consents, release clearances, licenses and authorizations needed for the grant of rights and licenses hereunder, and any Publication of your Submissions does not violate or conflict with any other agreement you have made.
· Your Submissions do not infringe or otherwise violate any patents, copyrights, trademarks, trade secrets, or any other proprietary rights of any third party.
· Your Submissions do not contain any virus, worm, Trojan horse or other routine intentionally designed to damage or allow unauthorized access to the Web Site or any content or online courses on the Web Site, or any other hardware, software or data.
· Your Submissions will: (i) contain four digit year codes, (ii) properly process dates and date values before, through and beyond January 1, 2000, including date calculations with dates both before and after January 1, 2000, and (iii) not suffer any impact on performance as a result of dates beyond January 1, 2000.
· Your Submissions do not include material that may be used in any attempt to circumvent the user authentication or security of any host, network, or account, including the documentation and tutorials on tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.
· Your Submissions: (i) do not constitute or encourage a criminal or civil offense or unethical activity and do not otherwise give rise to liability; (ii) comply with all applicable laws, rules and regulations; (iii) do not contain any false, misleading, libelous or defamatory statements; (iv) do not constitute an invasion of the rights of privacy or publicity of any third party libelous; and (v) are not obscene, pornographic, threatening, sexually or racially or ethnically discriminatory, or otherwise objectionable or harmful.

Online learning courses that you publish through The Art of Service are also subject to the terms and conditions of the Publishing Agreement, the terms of which will take precedence over any contrary or inconsistent provisions of these Terms of Use.

Downloading Software
All software and documentation available for download from the Web Site is the copyrighted work of The Art of Service or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the software subject to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other Site Content downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software or other Site Content.

The Online Training uses a cookie to manage the elearning experience, set used IE browser to accept cookies.

Disclaimers and Warranties
Products and services sold on the Web Site are provided by third parties with only the representations and warranties that those third parties generally provide to their customers with respect to such products and services. The Art of Service warrants that it will comply with the Purchases and Returns Policy with respect to any products or services purchased from The Art of Service, but makes no other representations or warranties whatsoever with respect to the products or services of third parties. Except for these limited warranties, the Web Site and Site Content are provided on an "as is" and "as available" basis. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW THE ART OF SERVICE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE WEB SITE OR THE SITE CONTENT, . INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
The Art of Service does not make any representations or warranties that: (1) the Web Site or Site Content or any products or services purchased from The Art of Service will meet your requirements or expectations; (2) the operation of the Web Site or the Site Content will be uninterrupted, timely, secure, or error-free or that any errors will be corrected; or (3) any particular results will be obtained from the use of the Web Site or from any products or services purchased from The Art of Service.

Limitation of Liability
YOU AGREE THAT NEITHER THE ART OF SERVICE NOR ITS SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE ART OF SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; OR (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE.
Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.

Links to Third Party Web Sites
The Web Site includes links to various web sites. The Art of Service is providing these links solely as a convenience. Linked sites may not be under the control of The Art of Service. We have not reviewed all of the sites linked from the Web Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on this site does not imply The Art of Service's endorsement of the linked site, its sponsor or any products or services offered on the linked site. Use of any linked site is at your own risk.

Indemnity
You agree to indemnify, defend, and hold harmless The Art of Service, and their officers, employees, directors, agents, suppliers and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from: (1) any breach of these Terms of Use or of any representation or warranty made by you in these Terms Of Use; (2) your Submissions; and/or (3) your activities in connection with the Web Site or Site Contents.

Applicable Laws and Jurisdiction
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the The Art of Service site and your purchase of the products and services on the site.
The Art of Service controls the Web Site (excluding third party linked sites) from its corporate offices within the state of Queensland, Australia. The Art of Service makes no representation that Site Content is appropriate or available for use in other locations, and accessing the Web Site or Site Contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction. The law of the state of Queensland, specifically excluding choice of law principles, will apply to all issues and matters relating to or arising from your use of this Web site.

Copyrights and Trademarks
The Web Site and Site Content is the property of The Art of Service, Pty Ltd and its licensors and is protected by International Copyright laws. All copyright, trademark, and other proprietary rights in the The Art of Service site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by The Art of Service at the Web Site are reserved to The Art of Service and its licensors. Copyright © 2002 The Art of Service, Inc and its licensors. All rights reserved.

The following are The Art of Service trademarks: THE ART OF SERVICE, THE ART OF SERVICE, ITSM-LEARNING.COM and the The Art of Service logo. In addition, the Web Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Web Site or in any Site Content site are the sole property of their respective owners.

links

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