By using J. J. Keller's Training on Demand (TOD), you affirm that you have read and agree to be bound by the terms and conditions of the Use of Content Guidelines, and of this License. In the event of a conflict between the Guidelines and the License, wording of the License shall prevail.
J. J. Keller reserves the right to make changes in the terms and conditions of this License. Such changes will be incorporated in the License and posted here. You acknowledge that TOD is compiled, prepared, selected and arranged by J. J. Keller through the expenditure of substantial time, effort and money and that it constitutes valuable property of J. J. Keller. You acknowledge and agree that all proprietary rights in TOD shall remain property of J. J. Keller or its third party providers and you do not acquire rights therein except as specifically provided in this License agreement.
- By accessing TOD you agree to be bound by all changes in the License.
- Consult this page each time you access TOD. If you do not agree to the changes in the terms and conditions of this License, discontinue use of TOD immediately and contact us.
Intent of this License
It is solely for use by the individual user identified in the Registration Information and for training your direct reports. Use is subject to that restriction, and as noted at Use of Content Guidelines, which is part of this License.
Employee, Student, Trainee means a direct report of the Subscriber.
Guidelines, Guidelines for Use of the Content is part of this License and provides further explanation of how TOD content may be used.
J. J. Keller means J. J. Keller & Associates, Inc.®, 3003 Breezewood Lane, Neenah, Wisconsin 54957-0368, or third-party providers of content and services to J. J. Keller.
TOD, Training On Demand means all of the content accessed through the J. J. Keller site www.jjkellertraining.com.
License, User Agreement, Agreement means this agreement which governs how the TOD site content may be used.
Member, You, Your, Subscriber means the individual identified in the Registration Information.
Registration Information means complete, accurate, information about yourself as prompted by the registration process further you agree to keep the Registration Information accurate, current and complete. If Registration Information is found not to be accurate, current or complete, or if J. J. Keller has reasonable grounds to suspect that such information is not accurate, current or complete, J. J. Keller has the right to suspend or terminate Your access and refuse any and all current or future use of TOD.
Scope of Use / Restrictions
IMPORTANT: Be sure to read the Use of Content Guidelines to understand your rights and obligations under this License.
- This License is solely for use by the individual identified in the Registration Information and for the training Your direct reports. Under this License, J. J. Keller grants you a nonexclusive, nontransferable, except as noted under "Assignability," limited License to access and use TOD, subject to the limitations found in this License.
- As a License holder your may share TOD content with your direct reports in your organization as allowed under the Use of Content Guidelines
- As a Personal License holder, you may not, and you may not permit others to: (a) Disassemble, decompile or otherwise derive content from TOD; (b) Use TOD in any manner that infringes the intellectual property or other rights of another party; (c) Use TOD to prepare work products, documents or reports for any party outside of your organization; (d) Distribute TOD content in an electronic or other multi-copy format unless allowed under Guidelines for Use of the Content; (d) You may not allow others to access TOD using your Password or User Name.
Due to the constantly changing nature of government regulations, it is impossible to guarantee the total and absolute accuracy of the material contained herein. J. J. Keller & Associates, Inc., and any third party providers cannot and does not assume any responsibility for omissions, errors or ambiguity contained on this site, the products and services described herein
J. J. Keller, or its third party providers shall not be held liable in any degree for any loss, damage or injury caused by any such omission, error, misprinting or ambiguity present on this site, the products and services described herein
This site, the products and services described herein and referral sites are designed to provide reasonably accurate and authoritative information in regard to the subject matter covered. It is made available with the understanding that J. J. Keller or its third party providers are not engaged in rendering legal, accounting or other professional service. If legal advice or other expert service is required, the services of a competent professional should be sought.
Limited warranty and limitation of liability
- J. J. Keller warrants that it has the authority to convey the rights which are the subject of this License.
- As used below, Protected Parties means: (a) J. J. Keller, its affiliates and any officer, director, employee, subcontractor, agent, successor, or assigns of the provider of TOD or its affiliates; and, (b) each third party provider of content, their affiliates and any officer, director, employee, subcontractor, agent, successor or assigns of any third party provider or any of their affiliates.
- TOD is provided on an "as is", "as available" basis. The Protected Parties expressly disclaim all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. The Protected Parties shall not be liable for any loss, injury, claim, liability or damage including, but not limited to, consequential damages of any kind resulting in any way from: any errors in or omissions from TOD content or any materials available or not included therein, the unavailability or interruptions of TOD or any features thereof or any materials, member's use of TOD or materials (regardless of whether you received any assistance from a Protected Party in using TOD), member's use of any equipment in connection with TOD the content of materials or any delay or failure in performance beyond the reasonable control of a Protected Party.
- When the License terminates, or you do not renew the License, any information you have entered into TOD may no longer be accessible to you, the Protected Parties do not guarantee that such information will be maintained or archived for access.
- If the foregoing limitations are held to be unenforceable, the Protected Parties' maximum liability to you, the member, shall not exceed the amount of the License fees you most recently paid for TOD. The remedies available to you under this agreement are exclusive. Some states do not allow the limitations or exclusion of implied warranties, so these, or other exclusions, may not apply to you.
Termination, Renewals, Amendments
- Effective Date. This License becomes effective when You indicate acceptance of the terms by completing the Registration Information and clicking on the "I Agree" button.
- Access. Continued access to TOD is subject to payment of all access fees as invoiced by J. J. Keller; whether for Video Subscription Service (12 or 24 months) or for Training Points (expire 12 months after purchase).
- Term. Should you choose to terminate, J. J. Keller, at its sole discretion, will determine the amount of refund, if any, is due to You. When terminated, or you do not renew the License, any information you have entered into TOD may no longer be accessible to You, and J. J. Keller does not guarantee that such information will be maintained or archived for access.
- Renewal. In the instance of a Video Subscription Service (VSS) purchase, the License shall renew automatically for twelve (12) month periods. Prior to the renewal invoice being issued, You will be contacted by J. J. Keller.
- Non-renewal. If You choose not to renew the VSS License you must notify J. J. Keller that you do not want to renew the VSS access to TOD. Access to Training Points is retained for 12 months from date of purchase. You can Contact Us with questions.
- Notwithstanding any of the above: (a) J. J. Keller may terminate this License without cause on ten (10) days notice (via email or otherwise) to You should TOD content or any component thereof no longer be available for whatever reason; and, (b) At J. J. Keller's sole discretion, J. J. Keller reserves the right to terminate the License of any Member who J. J. Keller believes has violated the terms or abused the intent of this License; Such termination does not entitle You to a refund of any License fees.
- Your obligations. Your responsibilities concerning the use of TOD content, survive termination or non-renewal of this License.
Agreement Binding On Successors
This License shall be binding on and shall inure to the benefit of J. J. Keller, and their heirs, administrators, successors and assigns.
Waiver & Severability
No waiver by J. J. Keller or any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
This License and the rights and obligations hereunder may not be assigned by any act of Member or by operation of law, including, but not limited to, bankruptcy, assignment for benefit of creditors, collateral for a loan or satisfaction of a loan, without the prior written consent of J. J. Keller; provided, however, that this Agreement and the rights and obligations hereunder shall be freely assignable by J. J. Keller.
All disputes shall be resolved in the applicable state courts of Wisconsin or federal courts with Wisconsin jurisdiction. The parties consent to the jurisdiction of such courts, and agree to accept service of process by mail.
This License is the only agreement between the parties with regard to the subject matter hereto and shall not be modified or amended except in writing by J. J. Keller and Member and specifically referring to this License. J. J. Keller and Member agree that such amendment shall be signed by the parties or otherwise confirmed through a mutually agreed process.
Title and Headings
The titles and headings to sections in this License are inserted for convenience and reference only, and shall not affect the interpretation of this License.
It is mutually agreed that J. J. Keller shall not be held in default with respect to the performance of this License if shortages of materials, labor disputes, equipment failures or emergency conditions delay or prevent such performance.
J. J. Keller & Associates, Inc.®, has taken the following steps to be compliant with the "safe harbor" provisions of the Digital Millennium Copyright Act (DMCA).
- A Designated Agent (as shown below) has been registered with the U.S. Copyright Office to receive notification of allegations of infringement.
- J. J. Keller has included specific wording in the Personal License to address the situations where alleged infringement or infringement by third parties using Training On Demand may have occurred.
- J. J. Keller will act expeditiously to remove or block access to content that a copyright owner properly alleges is infringing. To accomplish this, you, the copyright owner, or an agent acting in an official capacity for the copyright owner, must follow the steps below:
Copyright Infringement Claim Notice and Procedure
Pursuant to Title 17, U.S. Code, § 512(c)(2), notifications of claimed copyright infringement should be sent ONLY to the Designated Agent below.
Written notification must be submitted to the following Designated Agent:
J. J. Keller & Associates, Inc.
3003 Breezewood Lane
Neenah, Wisconsin 54957
Telephone: 920 727 7308
Facsimile: 920 727 7455
Email Address: email@example.com
Your claim under Title 17, § 512(c)(3)(A) of the United States Code, the Notification of Claimed Infringement, must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyright work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our web site, including, as applicable, its URL, so that we can locate the material;
- Your address, telephone number and email address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
- If J. J. Keller & Associates, Inc., removes or blocks material posted by a user, J. J. Keller will take reasonable steps to promptly notify users who post allegedly infringing material that J. J. Keller has removed or blocked the material.
- If the Licensed user of TOD who posted allegedly infringing material sends a proper "counter-notification" to the site stating that the removal or blocking was the result of a mistake or a misidentification of the material, J. J. Keller will provide a copy of the counter-notification to the alleged copyright owner who sent the original notice.
- Unless, you, the party claiming to own the infringed material then notifies J. J. Keller that it has filed a court action seeking to restrain the alleged infringement, J. J. Keller will replace or unblock the material not less than ten (10) nor more than fourteen (14) business days after receiving the counter-notification from the TOD Licensed user.