Terms & Conditions

LEADING EDGE TRAINING INSTITUTE, LTD. (“LEADING EDGE”) SETS FORTH THE FOLLOWING TERMS AND CONDITIONS THAT WILL GOVERN ALL LEARNERS OF THE ELEARNING SYSTEM (“ELEARNING SYSTEM”) OFFERED BY LEADING EDGE OR USING ANY SOFTWARE, DOCUMENTATION, OR RELATED MATERIALS DISTRIBUTED BY LEADING EDGE (COLLECTIVELY, THE “LEADING EDGE SERVICES”) PROVIDED TO YOU BY LEADING EDGE (BY DOWNLOAD OR OTHERWISE) IN CONNECTION WITH THE LEADING EDGE SERVICES. YOU WILL BE REFERRED TO HEREIN AS (“YOU”) OR (“LEARNER(S).”) PLEASE READ THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS"), THE ELEARNING SYSTEM LEANSCM.COM LICENSE AGREEMENT (THE “LICENSE AGREEMENT”) AND LEADING EDGE’S PRIVACY STATEMENT (THE "PRIVACY STATEMENT") BEFORE ACTIVATING AN ACCOUNT WITH LEADING EDGE FOR THE LEADING EDGE SERVICES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE LICENSE AGREEMENT AND THE PRIVACY STATEMENT YOU SHOULD STOP USING YOUR ACCOUNT IN THE ELEARNING SYSTEM.

By using the Leading Edge Services and the Leading Edge Web site, you signify your agreement to these Terms of Use. If you do not agree to the terms, do not use the Leading Edge’s Services or the Leading Edge Web site.

If at any time after activation of your account for the Leading Edge Services, you do not agree to be bound by these Terms and Conditions, the License Agreement, or the Privacy Statement, you should immediately discontinue your use of the Leading Edge Services. These Terms and Conditions, the License Agreement and the Privacy Statement are subject to change at any time and without prior notice at the sole discretion of Leading Edge. Such changes and their effective date will be posted on the Leading Edge Web site. You agree to review changes to these Terms and Conditions, the License Agreement and the Privacy Statement and if any change is not acceptable to you, you agree to immediately terminate use of the Leading Edge Services. Your continued use of the Leading Edge Services after the effective date of any such change constitutes your acceptance of all of the changes.

1.1. Lawful Use. The Leading Edge Services may only be used for lawful purposes. Transmissions of material are subject to compliance with all applicable laws and regulations. Learner agrees:
(1) to use the Leading Edge Services in a manner consistent with these Terms and Conditions, the License Agreement, and any and all applicable laws and regulations;
(2) not to use the Leading Edge Services for reproduction or transmission of any material in violation of any local, state, federal, foreign or international law or regulation;
(3) not to reproduce or transmit any matter on or through the Leading Edge Services through Learner's account(s) that violates or infringes any common law, patent, trademark, copyright, statutory, or proprietary rights of others;
(4) not to reproduce or transmit on or through the Leading Edge Services anything obscene, libelous, or threatening;
(5) not to use the Leading Edge Services to facilitate any of the above mentioned violations or infringements; and
(6) not to use any Leading Edge Services for any inappropriate use, as determined at the sole discretion of Leading Edge.

1.2. Rights of Leading Edge in Response to Improper Use. Leading Edge reserves the right to prohibit any conduct or to remove any materials or content in violation of these Terms and Conditions, the License Agreement, or which Leading Edge believes in its sole discretion to be illegal or potentially harmful to others or may expose Leading Edge to liability. Leading Edge reserves the right to suspend or terminate your account without prior notice at any time for any reason, including, but not limited to, your failure to comply with any of these Terms and Conditions, the License Agreement, or your engaging in any conduct which Leading Edge believes, in its sole discretion, (i) to be illegal or potentially harmful to others or (ii) may expose Leading Edge to liability, all as determined by Leading Edge in its sole discretion.

1.3. Indemnification for Unlawful or Inappropriate Use. You agree to defend, indemnify and hold harmless Leading Edge and its officers, directors, employees and affiliates from and against any and all demands, actions, claims, liabilities and expenses, including reasonable attorneys' fees, resulting from your use of the Leading Edge Services or your account(s) in an unlawful manner or otherwise in violation of or contrary to these Terms and Conditions or the License Agreement, as amended from time to time by Laeding Edge, as determined by Leading Edge in its sole discretion.

2.1. Learners. Learners of the Leading Edge Services are limited to individuals who agree to comply with these Terms and Conditions, the License Agreement and the Privacy Statement.

2.2. Leading Edge Services Contingent Upon Compliance and Registration. Leading Edge will provide Leading Edge Services to Learners, subject to Learner’s compliance with these Terms and Conditions and the License Agreement. Learners must provide Leading Edge with accurate and complete account information and register with Leading Edge in accordance with section 3.2 below. Learner acknowledges that providing Leading Edge with accurate and complete information is material to Learner's compliance with these Terms and Conditions.

3.1. Minors. You must be eighteen (18) years or older to use the Leading Edge Services. If you are the parent or legal guardian of a minor, you may authorize the minor's use of the Leading Edge Services, by completing a Parental Consent form and returning it to Leading Edge. Parental Consent form and returning it to Leading Edge. By authorizing a minor's use of the Leading Edge Services, you agree to (i) exercise supervision over the minor's use of the Leading Edge Services, (ii) assume all risks associated with the minor's viewing of content received through use of the Leading Edge Services and the minor's transmission of materials, content or information to another person via the Internet, (iii) assume any and all liabilities resulting from the minor's use of the Leading Edge Services, (iv) indemnify, defend, and hold Leading Edge and its officers, directors, employees, agencies, licensees, affiliates, distributors, resellers and marketing representatives harmless from and against any claims, losses, damages, liabilities, reasonable attorney fees, court costs and other costs arising, directly or indirectly, out of the use of the Leading Edge Services by anyone under 18 or anyone else regardless of age, and (v) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor to Leading Edge.

3.2. Registration details for Leading Edge Services. To become a Learner, Leading Edge requires that you are registered in it’s database. Learner must register for the Leading Edge Services using accurate information. Any means of identification assigned to Learner by Leading Edge to access the Leading Edge Services (e.g. account user names and passwords), are and will remain the property of Leading Edge. At Leading Edge’s sole discretion, any particular means of identification assigned to Learner may be altered or replaced at any time. Learner consents to Leading Edge contacting Learner or using other means to verify all registration information provided.

3.3. Third Party Fees and Charges. Learner agrees to be responsible for all charges associated with connecting to the Leading Edge Services through the Internet (e.g. Internet service provider charges). Leading Edge assumes no liability under any condition for any long distance or toll charges incurred by Learner through use of the Leading Edge Services or by those who access the Leading Edge Services through Learner’s account. Learner is also responsible for obtaining or providing all equipment necessary to access the Leading Edge Services, including but not limited to long distance or local telephone services, terminal equipment, computer, and modem.

3.4. Conduct. You agree that you shall not upload, post or transmit to or distribute or otherwise publish on or through the Leading Edge Services any materials which (a) restrict or inhibit any user from using or enjoying the Leading Edge Services, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (c) advocate or encourage conduct that would constitute a criminal offense, (d) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, privacy rights or any other proprietary rights, (e) contain any information, software or other material of a commercial nature, (f) contain advertising of any kind, or (g) constitute or contain a false or misleading statement of facts.

3.5. Use of Leading Edge Software. You are specifically prohibited from bypassing, defeating or disabling any portion of the Leading Edge Services. Such prohibited actions include but are not limited to any action that bypasses the required registration processes, and use of user identifiers and passwords. If you do perform any prohibited actions, Leading Edge reserves the right to suspend or terminate your account for Leading Edge Services.

3.6. Use Of Your Leading Edge Account. You may not use more than one login session at a time, even if you maintain more than one account for the Leading Edge Services. You are responsible for all use of your account, whether or not specifically authorized by you, and for the security of your login identification, your password and any security code that you use to protect access to your data, your file name(s) and files, network and user access, and any information you disseminate through use of the Leading Edge Services or through other Internet services. You may not transfer or permit any other person to use your account for the Leading Edge Services. You must immediately notify Leading Edge of any unauthorized use of your account.

3.7. Leading Edge Services for Personal Use Only. The Leading Edge Services are for personal use of registered Learners only and may not be resold, leased, used for sale, exchange, barter, or otherwise without the prior written consent of Leading Edge.

3.8. Right to Change the Leading Edge Services. Leading Edge reserves the right to change and update the Leading Edge Services in the future, in its sole discretion.

3.9. No Expectation of Privacy. Learner acknowledges that transmissions made by you to the Laeding Edge Web site are not confidential and that your communications may be read or intercepted by others.

4.1. Content. The Leading Edge Services contain information, software, audio and video clips, photographs, graphics, links and other materials (collectively, the “Content”) of Leading Edge and third parties that are protected by the Republic of Ireland and international copyright, trademark and other intellectual property laws. You may not use, distribute, reproduce, publish, transmit, transfer, sell, perform, create derivative works from, or in any way exploit the Content, except as provided in the License Agreement. Copying or storing of any Content is expressly prohibited without the prior written permission of Leading Edge or the third party copyright holder. The mark “leanscm” is a trademark and service name of Leading Edge and other trademarks and service names found on the Leading Edge Services are the property of their respective owners.

4.2. Submission of Content. Should you submit content to Leading Edge, that can be accessed by all other learners, by posting messages, uploading information, utilizing chat rooms, participating in surveys or any other means of communicating data to Leading Edge, you grant Leading Edge a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, publish, transmit, transfer, sell, perform, create derivative works from, or in anyway exploit the submitted content world-wide, and to incorporate it into any form, whether now known or hereafter created. Any content submitted as being private to your company will not be re-used by Leading Edge with prior written consent.

4.3. Indemnification of Leading Edge. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LEADING EDGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, AFFILIATES, DISTRIBUTORS, RESELLERS AND MARKETING REPRESENTATIVES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES AND COURT COSTS (COLLECTIVELY, THE "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE TERMS AND CONDITIONS OR USE BY YOU OR ANY THIRD PARTY OF THE LEADING EDGE SERVICES THROUGH THE LEADING EDGE ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM LEADING EDGE’S OWN NEGLIGENCE. THIS INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS OR OF THE LEADING EDGE SERVICES PROVIDED TO YOU.

THE LEADING EDGE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE" AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE LEADING EDGE SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION AVAILABLE THROUGH USE OF THE LEADING EDGE SERVICES OR THAT THE LEADING EDGE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, LEADING EDGE MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE LEADING EDGE SERVICES WILL BE VIRUS-FREE. LEADING EDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE STATES, LEADING EDGE’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES WILL LEADING EDGE BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT LEADING EDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. LEADING EDGE SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL LEADING EDGE’S LIABILITY TO YOU EXCEED ONE HUNDRED TWENTY-FIVE UNITED STATES DOLLARS ($125.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU OR LEADING EDGE MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS AND YOUR USE OF THE LEADING EDGE SERVICES. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, LEADING EDGE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

7.1. Entire Agreement. These Terms and Conditions, the License Agreement and the Privacy Statement together constitute the sole agreement between Leading Edge and the Learner regarding the subject matter contained herein and fully supersede any and all other understandings or agreements, either oral or written. You acknowledge and agree that you have read these Terms and Conditions and the License Agreement and understand the terms of each of the foregoing and agree to be bound by all such terms.

7.2. Force Majeure. Leading Edge will not be liable in any amount for failure to perform, or delay in performing, any obligations hereunder if such delay or failure is caused by any event beyond its reasonable control including, but not limited to, acts of third parties, wars, hostilities, revolutions, riots, civil commotion, national emergency, strikes, lock-outs, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo, or any other Act of God, unavailability, errors or other failures of the Internet, other data networks, or telecommunications systems, any law, proclamation, regulation, ordinance, or other act or order of any court, government or governmental agency or delays.

7.3. Modification. Leading Edge may modify these Terms and Conditions, the License Agreement and the Privacy Statement at any time in its sole discretion. Any modification is effective immediately upon the earlier of either the posting of such changes on the Leading Edge Web site or by an e-mail message sent to you from Leading Edge. If any modification to this agreement is unacceptable to you, you may immediately terminate your account by immediately ending your use of the Leading Edge Services. If you do not terminate your account, or continue to use the Leading Edge Services following the posting or email notice of any modification to these Terms and Conditions, the Privacy Statement, or the License Agreement, you will be deemed to have accepted that modification.

7.4. Legal Actions. These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of Ireland, without regard to its conflict of laws provisions. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The exclusive personal jurisdiction of and venue for all disputes arising out of these Terms and Conditions and your user of the Leading Edge Services shall be the courts located within the Republic of Ireland and you consent to such jurisdiction and waive all objections to such jurisdiction and venue.

7.5. Severability. If any provision of these Terms and Conditions, as such provision may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the invalid, illegal or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms and intent to the invalid, illegal or unenforceable provision as may be possible and be valid, legal or enforceable.

7.6. No Waiver. Any failure of Leading Edge to enforce any provision of these Terms and Conditions shall not constitute a waiver of any rights under such provision or any other provision of these Terms and Conditions. Leading Edge may only make such waiver by an express writing.

7.7. No Assignment. Learner’s rights granted hereunder may not be assigned or transferred to any other person or to any entity.

7.8. Chat Rooms, Discussion Forums & Virtual Classes. Leading Edge may host a chat room, discussion forum or virtual class as part of the Leading Edge Services. Leading Edge will not always monitor this activity. While Leading Edge representatives may moderate certain chats, forums and classes, Leading Edge does not monitor them for purposes of controlling objectionable content or enforcing the Terms and Conditions. Leading Edge reserves the right to monitor, record and review chat room, discussion forum and virtual class activity without any prior notice. When communicating in the these areas, refrain from using vulgar, obscene, objectionable, offensive, threatening or hateful terminology or content. You may not harass other people using the chat rooms, discussion forums or virtual classes or conduct yourself in such a way as to cause other users to not want to use them. If you believe that a user's conduct in a chat room, discussion forum or virtual class violates these Terms and Conditions, please notify us. Leading Edge does not have any obligation, however, to monitor or review chat, forum or class activity, or take any action in respect of chat, forum or class conduct, even after being notified of a potential violation.