J. J. Keller - Training on Demand Terms of Use

J. J. Keller - Training on Demand Terms of Use

J. J. Keller & Associates, Inc. ("J. J. Keller," "we") appreciates your interest in our website. By using our Site you agree to abide by the terms of use set forth hereafter ("Terms"). If you do not agree to abide by these Terms, do not use our Site. These terms supersede the terms of use on jjkeller.com. PLEASE CAREFULLY REVIEW THIS ENTIRE AGREEMENT BEFORE USING THE SITE.

If J. J. Keller and you or your employer have manually executed a Commercial Use License Agreement governing use of Training on Demand, the terms herein are to be considered altered as set forth in that Agreement.

1. Definitions
   
   1. 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.
   2. Training on Demand means the contents and services provided by J. J. Keller and J. J. Keller partners pursuant to this website.
   3. License means the license granted in Section 5.
   4. You or your means the individual identified in the Registration Information.
   5. Employee, Student, Trainee means your direct report.


2. Intent
   The purpose of many of our online training courses and video-based training is to provide Students with a general overview of the subject matter and is aimed at helping you and Students comply with government training requirements. J. J. Keller's courses are intended to supplement your training. Ensuring that trainees meet training requirements is ultimately your responsibility. You must provide hands-on training (function-specific), company or site-specific information, and additional testing. Students must check their company's policy regarding site-specific or hands-on training. Any questions, misunderstandings, or conflicts that Students may have with the employer's rules should be directed to the employer. Although many of J. J. Keller's online training courses and video-based training programs are designed to meet federal regulations, you and the Students are responsible for making sure that you are meeting state and local regulations.


3. Certificate of Completion
   A Certificate of Completion from J. J. Keller indicates the Trainee has completed the requirements of an online course, which may include passing exams and spending the requisite amount of time in the course. A certificate from J. J. Keller does not guarantee that a Trainee possesses a minimum level of skills or knowledge regarding the subject matter. It is your responsibility to assess each Student's level of skill or knowledge and determine whether they are qualified to perform a specific job or function.


4. Honor Code
   J. J. Keller trusts in the integrity of the Student to observe the honor code. The honor code is based on the assumption that the Student will be honest when taking an exam. The Student agrees that only he or she will take the exams and complete required exercises and that he or she will not distribute or share exam questions or provide answers to other Students enrolled in a course.


5. License
   Subject to the compliance with all of the terms and conditions of these Terms, J. J. Keller grants you a nonexclusive, nontransferable limited license to access and use Training on Demand.


6. Intent of this License
   This License is meant to provide one user, you, with access to Training on Demand content for your use in training Employees within your organization. It is solely for use by the individual user identified in the Registration Information. Use is subject to that restriction, and as noted under Section 11 Guidelines for Use of the Content below.


7. Registration Information
   By accessing Training on Demand you agree to provide accurate, current and complete information about yourself as prompted by the registration form and 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 Training on Demand.


8. Ownership
   The products and the contents of the Site, including without limitation, the text, site design, logos, graphics, icons and images, videos, software, code, product reviews and other content comprising the Site, as well as the selection, assembly and arrangement thereof, are protected by U.S. and international copyright laws. In addition, the entirety of this Site is a work owned by J. J. Keller and is protected by U.S. and international copyright laws. Copyright 2014 J. J. Keller & Associates, Inc. All rights reserved.
   
   You acknowledge and agree that all proprietary rights in Training on Demand shall remain property of J. J. Keller and you do not acquire rights therein except as specifically provided in Section 2.
   
   You agree that questions you submit to Training on Demand along with the answers associated with them shall become the property of J. J. Keller for use as J. J. Keller sees fit.


9. Third-Party Sites
   Our Site may contain links to our affiliates and links to non-affiliated, third-party websites. These links are provided solely for your convenience. If you choose to utilize any of these links, you will leave our Site. J. J. Keller has not reviewed these third-party websites and does not control and is not responsible for any of these websites or their content. J. J. Keller does not make any representations about any third-party websites, or any information, software or other products or materials found on such websites. If you access any of the third-party websites linked to our Site, you do so entirely at your own risk.


10. Use of Our Site
    Your use of our Site shall be for lawful purposes only. You shall not use our Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, distasteful, offensive, controversial or otherwise objectionable, or that infringes or may infringe the intellectual property or rights of J. J. Keller or another or that violates any international, federal, state, or local law. You understand and acknowledge that J. J. Keller may, at its sole discretion, terminate your access to the Site, without notice, if we believe you have in any way violated the Terms.
    
    If you use our Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, or from your IP address.


11. Guidelines for Use of the Content
    This License is solely for use by the individual identified in the Registration Information.
    Authorized Use of Training on Demand Content:
    
    1. Internal Use. Your License allows you to use certain Training on Demand content ("ToD Content") and works you create with Training on Demand content ("Created Works") within your organization as outlined in this section. You may not, and may not permit others to use the ToD Content to prepare work, documents or reports, etc., for any party outside of your organization unless you have a Commercial Use License which gives you these rights.
    
    
    2. Work Personally Authored. Your License allows you to incorporate ToD Content as specified below in work you personally author to create Created Works:
    1. You may use ToD Content - quizzes, worksheets, images, transparencies, and PowerPoint® presentations - in preparing posters, handbooks, PowerPoint presentations, etc., you personally author. These materials must be for the sole purpose of training or communicating safety and/or compliance within your organization; others may not re-purpose the ToD Content.
    2. The above-stated content is the only ToD content that may be used to create Created Works.
    3. You may post Created Works on your Intranet.
    4. You may not, and may not permit others to, post ToD Content on the Internet, your Intranet or other electronic messaging or post means.
    3. Print ToD Content. You may print and copy ToD Content – instructor guides, trainer's bulletins, quizzes, worksheets, images, transparencies, and PowerPoint® presentations – for the sole purpose of training or communicating safety and/or compliance within your organization.
    
    
    4. Training Points. You may purchase and use Training Points for the trainees of your organization only; this includes contractor and for-hire personnel. Training Points cannot be resold. Usernames and passwords cannot be shared. Training Points expire after one year or when your Training on Demand license expires, whichever happens first. There will be no refund for unused Training Points.
    
    
    5. Copyright Notices. You must retain copyright notices appearing in Training on Demand site content, including video, text, and images. To use Training on Demand content copyrighted by another organization, contact us.

    Restrictions on Use of Training on Demand Content:

    1. Disassemble. You may not disassemble, decompile or otherwise derive source code from Training on Demand.
    
    
    2. Infringe. You may not use Training on Demand in any manner that infringes the intellectual property or other rights of another party.
    
    
    3. Use in Commercial Manner. You may not use Training on Demand Content to prepare work products, documents or reports for any party outside of your organization unless you have a Commercial Use License.
    
    
    4. Copy and Distribute. You may not copy, distribute, post or electronically transmit Training on Demand Content as is in any format unless specifically noted above under Authorized Use of Training on Demand Content.
    
    
    5. Use Your Credentials. You may not allow others to access Training on Demand using your user name or password.
    
    
    6. Substitute. You may not disseminate, publish or use Training on Demand in a manner that would be competitive with, or substitute for, the purchase of additional Licenses by others in your organization. For example, you may not post ToD Content on an intranet or hard copy for the sole purpose of allowing others in your organization to repurpose the content for their own use.

12. Sharing Your Content and Information on Our Site
    By sending us any ideas, comments, suggestions, questions or other material, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such material with or without your name in any manner, including in connection with our business, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
    
    You agree that no comments or other information submitted by you to J. J. Keller will violate any personal or proprietary right of any third party (including, without limitation, copyright and trademark rights). You agree that no comments or other information submitted by you to J. J. Keller will be libellous, obscene, harassing, abusive or otherwise unlawful. You agree that you shall remain solely liable for the contents of any comments or other information submitted by you to J. J. Keller.


13. Aggregate Data
1. Collection of Aggregate Data. Your company training records (such as amount of activity, courses launched, quiz results and the like) may be aggregated and analyzed on an aggregated and anonymous basis by J. J. Keller (hereafter "Aggregate Data")
2. How We Use Aggregate Data. J. J. Keller may use Aggregate Data to support our relationship with you by contacting you about your Training on Demand usage. For example, J. J. Keller may use Aggregate Data to determine which content is being used, which content is most popular, and how employees are doing on quizzes. Aggregate Data enables J. J. Keller to understand and assist you in better utilizing Training on Demand services.
3. Compliance with Privacy Policy. We will collect, process, maintain and share Aggregate Data in accordance with the practices described in the J. J. Keller Privacy Policy.
14. Limitations on Liability
    NEITHER J. J. KELLER NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVICING, UPDATING OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF USERS' ACCESS, USE, OR INABILITY TO USE OUR SITE OR ANY SITES LINKED TO OUR SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF ANY OR ALL SUCH SITES WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT PROVIDED ON OUR SITE IS PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
    
    You acknowledge and agree that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, we do not guarantee, and shall have no liability for, any unavailability of the Site (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located or co-located. Because we do not control the security of the Internet or other networks you use to access the Site, we are not responsible for any data lost during transmission. Contact us for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You agree that any cause of action or claim that you may have relating to our Site must be made or instituted within one year of when the cause of action or claim accrued.
    
    This Site, the contents, and referral sites and the products and services described therein 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 is 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.
    
    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 cannot and does not assume any responsibility for omissions, errors, misprinting or ambiguity contained on this Site, the products and services described herein, or the content of referral sites or the products and services which may be offered on referral sites.
    
    J. J. Keller 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, or the content of referral sites and the product and services described therein.
    
    Third party providers that recommend Training on Demand to you and/or subsidize your access to Training on Demand, in whole or in part, are not responsible for content found on Training on Demand.


15. Indemnification
    You agree to defend, indemnify, and hold J. J. Keller, its officers, directors, employees, agents, licensors, affiliates, service providers and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.


16. Limited Warranty
    J. J. Keller warrants that it has the authority to convey the rights which are the subject of this License.


17. Term and Termination
1. Effective Date. This License becomes effective when you indicate acceptance of the License terms by completing the Registration Information and clicking on the "I Agree" button, or by logging in to Training on Demand.


2. Access. Continued access to Training on Demand, in the first and subsequent License terms, is subject to payment of the License fees as invoiced by J. J. Keller; whether for Video Subscription Service, Online Training Subscription, or Training Points (expire 12 months after purchase).


3. Term. The term of a Video Subscription Service or Online Training Subscription License is for the length of time you indicated when paying the License fee. Should you choose to terminate this License earlier, J. J. Keller, at its sole discretion, will determine the amount of refund, if any, is due to you. When the License terminates, or you do not renew the License, any information you have entered into Training on Demand may no longer be accessible to you, and J. J. Keller does not guarantee that such information will be maintained or archived for access.


4. Renewal. In the instance of the Video Subscription Service or Online Training Subscription 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.


5. Non-renewal. If you choose not to renew the Video Subscription Service or Online Training Subscription License you must notify J. J. Keller that you do not want to renew access to Training on Demand. Access to Training Points is retained for 12 months from date of purchase. Contact us or your Sales Representative.


6. Notwithstanding any of the above: (i) J. J. Keller may terminate this License without cause on ten (10) days notice (via email or otherwise) to you should Training on Demand content or any component thereof no longer be available for whatever reason; such termination entitles you to a pro-rata refund. (ii) At J. J. Keller's sole discretion, J. J. Keller reserves the right to terminate the License of anyone 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.
18. 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.


19. 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.
    
    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.


20. Assignability
    This License and the rights and obligations hereunder may not be assigned by you 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.


21. Changes to these Terms
    J. J. Keller may change, revise, modify, add or remove any of these Terms at any time by updating this posting. You should visit this posting from time to time to review the then-current Agreement because your continued use of our Site after any changes to these Terms have been posted will be deemed acceptance of any revised terms. You agree that we shall not be liable to you or any third party for any modification or discontinuance of any materials, features, products, prices, services, information or the Site.


22. Applicable Laws
    Our Site is controlled, operated and administered by J. J. Keller from offices within the State of Wisconsin. J. J. Keller makes no representation that materials on our Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their content is illegal or restricted is prohibited. You may not use our Site or export its contents in violation of U.S. export laws and regulations. If you access our Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms shall be governed by the laws of the United States and of the State of Wisconsin, without giving effect to its conflict of laws provisions.


23. Entire Agreement
    These Terms constitute the entire agreement between J. J. Keller and you with respect to your use of our Site. If for any reason a court of competent jurisdiction finds any provision of these Terms or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.


24. Survivorship
    Notwithstanding the expiration or termination of this Agreement, all rights, obligations, and remedies which accrued prior to the termination or expiration of this License shall survive such termination or expiration. Specifically, Sections 8, 12, 13, 14 and 21 shall survive the termination or expiration.

Questions?
If you have any questions regarding the use of Training on Demand content, please contact us. We are also available by telephone Monday through Friday from 7:00 am to 6:00 pm CT at 1-888-601-2018.

Remote Computer Access
With your permission, a member of the J. J. Keller support team will use a live remote-assistance tool such as GoToAssist™ to view your desktop and control your mouse and keyboard to help resolve your technical issue. Once the session is closed, the remote access cookie is removed and J. J. Keller no longer has access to your computer.

Report Unauthorized Use or Copying
Unauthorized copying of software and internet content is theft. Contact us to report pirated content and software.

Digital Millennium Copyright Act (DMCA)
J. J. Keller respects the intellectual property rights of others and we ask our Users to do the same. In the appropriate circumstances and at its discretion, J. J. Keller may disable or terminate the accounts of Users who may infringe the copyrights or other intellectual property rights of third parties.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, J. J. Keller offers the following procedures under the Digital Millennium Copyright Act. A Designated Agent has been registered with the U.S. Copyright Office to receive notification of allegations of infringement. J. J. Keller will act expeditiously to remove or block access to material that is infringing. To accomplish this, you or an agent acting in an official capacity for your behalf, must follow the steps below.

Pursuant to Title 17, U.S. Code, § 512(c)(2), notifications of claimed copyright infringement should be sent in writing to the following Designated Agent:

Jennifer Altmann
J. J. Keller & Associates, Inc.
3003 Breezewood Lane
Neenah, Wisconsin 54957
Telephone: 920 967 7045
Facsimile: 920 720 7638
Email Address: jaltmann@jjkeller.com

and must include the following:

• Your electronic or physical signature or that of the person authorized to act on your behalf;
• 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; 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 removes or blocks material posted by a User, J. J. Keller will take reasonable steps to promptly notify the User who posted the material. If the User who posted the material sends a proper "counter-notification" 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 you or your agent. Unless you notify J. J. Keller that you have filed a court action seeking to restrain the alleged infringement, J. J. Keller will replace or unblock the material not less than ten (10) or more than fourteen (14) business days after receiving the counter-notification.