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| Chalkstick, Inc.’s Terms of Service |
| The following terms of service specifies the terms and conditions under which you are permitted to use Knowledge-Mart.com™ to serve your training, educational , and skills related needs and interests. Chalkstick, Inc. is the owner of this service and operates this website under The Knowledge-Mart brand name. In this document, Chalkstick, Inc. and Knowledge-Mart are used interchangably and they represent the same service and business entity. These terms of service obligates you to observe the hereinafter noted rules of acceptable conduct in the use of Knowledge-Mart’s services and to indemnify and otherwise hold Knowledge-Mart™ harmless for any damaging or harmful circumstance resulting from such use. The hereinafter noted terms and conditions are hereinafter referred to as the Knowledge-Mart Terms of Service (collectively hereinafter referred to as the “TOS”). The services you are permitted to use subject to these TOS are those currently available through Knowledge-Mart.com. All references to “you,” “your(s),” “yourself,” and “eTrainer(s)” and/or any other similar terms, refers to all persons who visit and/or utilize the Website, or utilize and/or provide services offered via the Website. You are free to use and/or provide the services to serve your training, educational and skills needs and interests, provided you agree to the following TOS: |
| General Terms of Service: |
| This TOS governs your use of the Knowledge-Mart.com™ website and any other web related tools Chalkstick/Knowledge-Mart may utilize, including but not limited to GoToMeeting.com (collectively referred to hereinafter as the “Website”), and all of its services provided directly and/or indirectly to you. Chalkstick, Inc. (“Knowledge-Mart”) reserves the right, in its discretion, to change or modify all or any part of this TOS at any time, effective immediately upon publishing same in its Website. Your continued use of Knowledge-Mart™ services constitutes your binding acceptance of these TOS, including any changes or modifications made by Knowledge-Mart™ as permitted above. If at any time the TOS of this Website are no longer acceptable to you, you should immediately cease using any service provided by Knowledge-Mart™ and/or its affiliates. |
| Third party websites, Links & Linking: |
| The Website contains links to other, third party sites. Using those third party links is subject to the terms of use of those sites. Accessing other websites through this one should be done at your own risk. Knowledge-Mart (Chalkstick) is not responsible and shall not be held liable for the truthfulness or accuracy of the information provided. Knowledge-Mart (Chalkstick) is not responsible or liable for the accuracy of any information, data, opinions, statements made on third party websites or the security of any link or communication with those websites. We further, reserve the right to terminate any third party links at any time, which does not, however indicate that we endorse or condone any third party links. Knowledge-Martprovides these links to provide clients with a higher level of convenience. Knowledge-Mart prohibits the linking of the Website with any other site, without its express prior written consent. |
| A site which is expressly allowed to link to Knowledge-Mart’s Website: |
- may link to, but not replicate, content on this Website
- should not create a browser or border environment around content on this Website
- should not imply that Knowledge-Mart is endorsing it or its products
- should not misrepresent its relationship with Knowledge-Mart.COM
- should not present false information about Knowledge-Mart’s products or sites
- should not use Knowledge-Mart’s trademarks without permission and
- should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for viewing by all age groups.
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| Knowledge-Mart is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of information on such third-party sites. If You access any of the third-party sites linked to this Website, then you do so entirely at your own risk. |
| Site Is Only A Venue For Training, Educational, and Skills Purposes: |
| This Website provides a venue for obtaining and providing certain training, educational, and skills related services. Knowledge-Martis not a party to those transactions and is not responsible to either the “instructors,” “etrainers,” “econsultants” (hereinafter all three are referred to as the “eTrainer(s)”) and/or you for fulfillment of the transaction. Affiliates of Knowledge-Mart may provide goods and services through the Website. Should you enter into a transaction with a Knowledge-Mart affiliate, you will be entering into a relationship with the affiliate and not with Knowledge-Mart. Use of this Website constitutes acknowledgement of Knowledge-Mart’s limited role in such transactions and a waiver of any claims against Knowledge-Mart arising out of transactions effected through the Website. Knowledge-Mart MAKES NO ENDORSEMENT OR WARRANTY OF ANY KIND WITH RESPECT TO ANY GOODS OR SERVICES OFFERED FOR SALE THROUGH THE WEBSITE, WITH RESPECT TO ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITE OR WITH RESPECT TO ANY INFORMATION PROVIDED VIA THE WEBSITE. FURTHERMORE, Knowledge-Mart MAKES NO ENDORSEMENT AND/OR REPRESENTATIONS, REGARDING THE LEVEL OF EXPERTISE, SKILLS AND/OR KNOWLEDGE OF THE ETRAINERS YOU MAY UTILIZE VIA THE Knowledge-Mart SERVICES AND/OR WEBSITE, AS SAME ARE THIRD-PARTY CONTRACTORS AND NOT EMPLOYEES AND/OR AFFILIATES OF Chalkstick, Inc (Knowledge-Mart). |
| Registration Data, Account, Password, and Security: |
| Under the TOS of this Website you agree to provide accurate, current and complete information about yourself, as requested by Knowledge-Mart, and to maintain and update that information as requested. You understand that if your registration information is untrue, inaccurate, not current, or incomplete, or if Knowledge-Mart™ has grounds for suspecting that the information is untrue, inaccurate, not current, or incomplete that Knowledge-Mart™ has the right to suspend or terminate your account, and to deny you access to any or all of its services. You understand that all registration information is subject to our Privacy Policy (please click on our Privacy Policy hyperlink to see said policy). Under these TOS, you are responsible for creating a password and account designation when registering for Knowledge-Mart™ services. It is your sole responsibility to maintain the security and confidentiality of your password, account, and all activities occurring therein. Should that confidentiality or security be breached in any way, you are obligated to notify Knowledge-Mart™ immediately. You understand further that under no circumstances is Knowledge-Mart™ liable for any damage or loss resulting from your failure to comply with this obligation to maintain confidentiality and security. |
| Knowledge-Mart, Inc.'s Limitations of Liability: |
| Under these TOS, you expressly acknowledge, accept, and agree that Knowledge-Mart™ shall not be liable 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 resulting from the use or the inability to use the services; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the services; the unauthorized access to or alteration of your transmissions of data, statements or conduct of any third party regarding the services; or, any other matter relating to the services. Under these TOS, you expressly acknowledge, accept, and agree that Knowledge-Mart™ shall not be liable for any of the aforementioned damages you might experience through use of its services even if Knowledge-Mart™ has been advised of the possibility of such damages. |
| Knowledge-Mart(Chalstick, Inc.)'s & Third-Party Intellectual & Proprietary Rights: |
| Under these TOS, you expressly acknowledge, accept, and agree that the content contained in sponsor advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You also expressly acknowledge, accept, and agree that unless expressly authorized by Knowledge-Mart™ or advertisers not to modify, rent, lease, loan, sell, distribute, or create derivative works based on those aforementioned services or in any part thereof. Furthermore, under these TOS, you agree to refrain from displaying or using in any manner or form trademarks of Knowledge-Mart™ without the prior written permission of Knowledge-Mart™. These trademarks include, but are not limited to: Knowledge-Mart™. |
| Content, Conduct, and Risks: |
| Any content you obtain from using the Knowledge-Mart™ services, including but not limited to publicly posted or privately transmitted items, data, graphics, information, messages, music, photographs, software, sound, text, video or other materials (collectively the “Content”), is the sole responsibility of the person and organization providing it and hence cannot be used by you without their permission. Consequently, you, not Knowledge-Mart™, are fully responsibility for all Content uploaded, downloaded, copied or printed through Knowledge-Mart™. Moreover, Knowledge-Mart™ does not guarantee nor is it liable in any way for the accuracy, integrity or quality of any Content provided via its services. This indemnity includes but is not limited to, errors or omissions of any Content, or for any loss or damage of any kind incurred as a result of the use of any Content that is uploaded, downloaded, copied, printed, or used in any way via the Knowledge-Mart™ services referenced herein. |
| You are expressly forbidden from using any of the Knowledge-Mart™ services in any way that is inappropriate, unethical, harmful or damaging. This includes using Knowledge-Mart™ to upload, download, copy, print, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You are expressly forbidden from engaging in any activity that is harmful to minors. You are expressly forbidden from collecting or storing personal data about other Knowledge-Mart™ users. You are expressly forbidden from impersonating any person or entity, including, but not limited to an agent from Knowledge-Mart™, or falsely stating or otherwise misrepresenting your affiliation with a person or entity. You are expressly forbidden from forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through Knowledge-Mart™. You are expressly forbidden from uploading, downloading, copying, printing, or otherwise transmitting any Content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship. This includes the transfer or transmission of inside information, proprietary or confidential information acquired through employment relationships or under nondisclosure agreements. You are expressly forbidden from uploading, copying, printing, or otherwise transmitting or transferring any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party whatsoever. You are also expressly forbidden from interfering with or disrupting any of the Knowledge-Mart™ services or networks connected to its services, or disobeying any requirements, procedures, policies or regulations of networks connected to its services. |
| Given these prohibitions but not constrained by them, Knowledge-Mart™ and its agents have the right, but not the obligation, to refuse or to remove any Content that is available on its services. Knowledge-Mart™ and its agents have the right to remove any Content that violates these TOS, as stipulated herein or that is otherwise objectionable in any way. These rights notwithstanding, it is your sole responsibility to determine the accuracy, completeness, or usefulness of the Content and to assume the risks of using the Content based on that or any other determination. |
| Your full and complete responsibility for use of services provided by Knowledge-Mart™ includes any and all risk associated with those services. All services provided are "as is" and "as available." This means that Knowledge-Mart™ expressly disclaims all warranties of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, fitness for particular uses or purposes and non-infringement. This also means that any material you download or otherwise obtain through use of the Knowledge-Mart services is available to you at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download or any such material. Knowledge-Mart™ makes no assurance, guarantee, or warranty that its services will meet your requirements, that they will be uninterrupted, timely, secure, or error-free, that the results you obtain from using the services will be accurate or reliable, that the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or that any errors will be corrected. |
| Furthermore, you hereby agree to and acknowledge the following: |
| 1) Knowledge-Mart is a venue for eTrainer and trainees to meet and share knowledge in a virtual classroom setting |
| 2) Knowledge-Mart is not a a college, university, or an accredited school, and does not offer degrees, diplomas, or government certifications |
| 3) Knowledge-Mart is not responsible for all or any part of the course content provided (or lack of content provided) by eTrainers; |
| 4) Knowledge-Mart does not validate all information posted by eTrainers in their bios and/or online resumes or any other similar documentation; |
| 5) Knowledge-Mart does not make any guarantees that you will be able to enroll into any specific class at any time |
| 6) Knowledge-Mart is not responsible for your connection to the internet or the type of web browser you decide to use; and |
| 7) If you join or participate in an online training class, some of your personal information, such as your name and email address, may be shared with your classmates and the eTrainers. |
| Finally, under these TOS, you agree to comply with all local, regional, national, and international rules and policies regarding acceptable Content and online conduct, and with all laws applicable to or regarding the transmission of technical data exported from your country of residence. |
| Report Violations of this TOS to Knowledge-Mart™: |
| Under these TOS, you hereby agree to report to our customer services department any violations of the herein noted conditions that must be met in order for you to have use of the services of Knowledge-Mart™. |
| Rescheduling & Cancellation Policy: |
If you register, enroll or in any way "participate" in any Knowledge-Mart™ courses, you agree that there is no rescheduling and/or refund for any courses you fail to attend. Nevertheless, at Knowledge-Mart’s sole discretion, and provided that you have already paid for the course, provided us with at least 48 hours prior written notice and an eTrainer is available, for the requested rescheduled time, then we will make a good-faith effort to reschedule same.
Furthermore, you also agree that there will be a late cancellation fee if you cancel any course within the following time frames: 1) if you cancel within 48 hours of the commencement of the scheduled course, then there will be a 10% penalty assessed against your account; and 2) if you cancel within 24 hours of the commencement of the scheduled course, then there will be a 20% penalty assessed against your account. |
| Notwithstanding anything contained herein to the contrary, Knowledge-Mart may cancel any course registration, at anytime, if you fail to pay the registration fee(s) when same become due. |
| Additional Etrainer Terms & Conditions: |
| Under these TOS, if you use our service as an eTrainer to promote your online class, you agree to only be paid for your services through Chalkstick, Inc. This means that you agree not to accept payment through any other means of funds (by direct check, donation, credit card, or other online or offline services [such as "PayPal"]) from individuals participating or potentially participating in your online class(es) that bypasses the Knowledge-Mart™ system in whole or in part. You also agree to promote all your course materials, that is available to trainees, via Knowledge-Mart. You agree not to require trainees to purchase any items (whether a product or service) that would personally benefit you directly other than the cost of the course (if any) handled by Knowledge-Mart. Any eTrainers teaching on Knowledge-Mart™ who do not abide by this term are subject to immediate suspension and removal from the service. ETrainers hereby agree to defend, indemnify and keep indemnified and hold Knowledge-Mart and (as applicable) its officers, directors, employees, affiliates or other representatives harmless against any and all claims, proceedings, actions, costs (including legal costs), charges, expenses, damages, liability, losses and demands made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of this Website, including but not limited to posting content on this Website, entering into transactions with other users of this Website, providers, contacting others as a result of their postings on this Website, infringing any third party intellectual property or other rights, or otherwise arising out of your breach or any breach of these TOS or any other person using the Site under your password and/or user-name. |
| Additional eTrainer Specific Response Time, Conduct, and Duties: |
| All eTrainers providing training, consulting and/or teaching on or through Knowledge-Mart™ must adhere to all the standards outlined by Knowledge-Mart™, including but not limited to these TOS. Failure to follow the standards outlined by Knowledge-Mart, from time to time, or failure to communicate in a timely fashion with trainees, or failure to communicate with Knowledge-Mart™ staff in a timely fashion, may result in termination and forfeiture of any past or current earnings. Any past or future payments to eTrainers may be garnished or refunded without penalty or liability to Knowledge-Mart™, in order to ensure full and acceptable delivery of instruction to trainees. All eTrainers further acknowledge and agree that Knowledge-Mart does not take any responsibility to calculate, report or remit payroll, sales or use taxes which may be assessed, due or owing to the taxing authorities of any jurisdiction for transactions that arise in connection with your use of the Website. You acknowledge and agree that Knowledge-Mart is only responsible for providing you with a 1099 form and you are solely responsible for the calculation, collection and remittance of any applicable taxes which may be incurred or assessed in connection with your use of the Website and/or your provisioning of services and/or goods via the Website, other than taxes based on Knowledge-Mart's income. Furthermore, eTrainers hereby agree that Knowledge-Mart, at its sole discretion, has the absolute right to decide what to charge for each training and/or course offered. |
| Grounds for Immediate Termination of Service: |
| Knowledge-Mart™ reserves the right (and sole discretion), to stop, cease, terminate, restrict, suspend or remove your specific access to any or all parts of any (or all) services provided by Knowledge-Mart, including (but not restricted to) online courses, interactive features, course request processing, promotion of any/all classes, award/certificate processing, or any general use of our service at any time for any reason without prior notice or liability. Knowledge-Mart™ may modify, suspend or discontinue all or any part of its services at any time, including the availability of any content (electronic, data or otherwise), feature, database, awards, courses, certificates, logs, or anything else that we retain, use, or publish as part of our service at any time, without prior notice or liability. |
| GOVERNING LAW & DISPUTE RESOLUTION: |
| These TOS shall be governed by and construed in accordance with the laws of the State of Nevada, without reference to its conflict of laws provisions. |
| READ THIS SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF ALL DISPUTES VIA BINDING ARBITRATION INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT. |
| All disputes arising out of or related to your use of the Website, Knowledge-Mart’s services, and/or these TOS (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any service, advertising or otherwise having a connection to the Knowledge-Mart services and/or these TOS. The arbitration will be conducted by one (1) arbitrator using the procedures described by this Section. If any portion of this provision is determined to be unenforceable, then the remainder shall be given full force and effect. |
| The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") procedures for consumer related disputes, if any, as modified by these TOS, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from these TOS, these TOS shall govern to the fullest extent permitted by law. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of these TOS and may not limit, expand, or otherwise modify its terms. |
| NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THESE TOS AND MAY NOT AWARD PUNITIVE DAMAGES. YOU AND Knowledge-Mart™ BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THESE TOS. In the event that a dispute arises out of these TOS, the prevailing party shall be entitled to its reasonable expenses, including attorney's fees, regardless of whether in house or outside counsel is employed. |
| Before you take a dispute to arbitration you must first write to us at Chalkstick, Inc., c/o Paracorp, 318 N. Carson Street, Suite # 208, Carson City, Nevada 89701, and give us an opportunity to resolve the dispute. Similarly, before Knowledge-Mart™ takes a dispute to arbitration, we must first attempt to resolve same by contacting you. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date you or Knowledge-Mart™ is notified by the other of a dispute, then either party may contact the AAA and request arbitration of the dispute. The arbitration will be conducted at a location the AAA selects in Las Vegas, Nevada. Arbitrations under these TOS shall be maintained confidential as permitted by federal law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Knowledge-Mart’s services or these TOS must be filed with the AAA within one year after such claim or cause of action arose or be forever barred. |
| Disclaimer of Warranties: |
| Neither Knowledge-Mart™ nor any provider or any third party (including any of our trainees or online eTrainers or their respective courses) or their respective agents warrants that any service provided by Knowledge-Mart™ (whole or in part) will be uninterrupted or error free. Knowledge-Mart™ and all third parties make no warranties as to the results obtained by using any part of our services, including but not limited to use of any of our online courses. Everything offered by Knowledge-Mart™ is provided "As Is" with no guarantee of availability or quality. Knowledge-Mart™ and all third party vendors (and their respective agents) do not make any warranties of any kind, either express or implied. |
| RELEASE: |
| YOU HEREBY RELEASE AND FOREVER DISCHARGE Chalkstick, Inc (Knowledge-Mart) AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE SITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF Chalkstick, Inc (Knowledge-Mart), IN OPERATING THE SITE OR OTHERWISE. |
| Indemnity: |
| You agree to defend, indemnify and keep indemnified and hold Knowledge-Mart and (as applicable) its officers, directors, employees, affiliates or other representatives harmless against any and all claims, proceedings, actions, costs (including legal costs), charges, expenses, damages, liability, losses and demands made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of this Website, including but not limited to posting content on this Website, entering into transactions with other users of this Website, providers, contacting others as a result of their postings on this Website, infringing any third party intellectual property or other rights, or otherwise arising out of your breach or any breach of these TOS or any other person using the Site under your password and/or user-name. |
| Miscellaneous: |
| Any waiver of any provision of these TOS must be in writing signed by Knowledge-Mart to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. Any waiver here does not construe a waiver of any other provisions, nor does it guarantee a continued waiver. Each TOS is independent and enforceable if at any time said stipulations have been found unenforceable by a court of law. Each of the provisions of these TOS is separate and severable and enforceable accordingly and if at any time any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Nowhere in this document is it inferred or implicitly stated that an agreement or partnership exists between you and Knowledge-Mart, nor are you considered an agent of Knowledge-Mart. These TOS merely represent an understanding and acceptance between you and Knowledge-Martin regards to the use of the website and services offered. These TOS also supplant any previous statements and agreements, which may have existing between you and Knowledge-Mart. Captions and section headings used herein are for convenience only and are not a part of this TOS, and shall not limit or alter any provision hereof. |
| This Agreement was last revised on November 21, 2009. |
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