Our Terms of Use
This World Wide Web Site and the functions, facilities and services related thereto are
operated and maintained by DevelopMentor, a corporation, at the URL: http://www.develop.com/
(the Web Site). The Web Site is for use solely by individuals and employees of approved
companies who are authorized by the DevelopMentor to use it. By accepting the Terms of Use
and/or using the Web Site, you agree to use it in strict accordance with, and to be bound
by, all of the terms and conditions contained in these Terms of Use (Terms). If you do not
wish to be bound by these Terms, do not use the Web Site.
1. Grant of Rights
DevelopMentor grants you a non-exclusive, non-transferable license to use all non fee-based
portions of the Web Site in strict accordance with the provisions of these Terms. These
Terms do not grant you the right to use any DevelopMentor trademark, service mark or logo
for any purpose whatsoever.
2. Personal Information
You acknowledge and agree that DevelopMentor may use other information about you which
DevelopMentor obtains either directly from you or which it obtains by the nature of your use
of the Web Site for any legitimate business purpose as outlined by our Privacy Policy.
3. Proprietary Materials
(a) The Web Site contains copyrighted material, trademarks, and other proprietary
information of DevelopMentor and others (collectively "Proprietary Material"), including,
but not limited to, text, software, photos, video, graphics, image, music, and sound. You
agree not to modify, publish, transmit, participate in the transfer or sale of, create
derivative works of, or in any way exploit, in whole or in part, any Proprietary
Material.
(b) The entire Web Site is: Copyright 1999, DevelopMentor. All Rights Reserved. Complying
with all applicable copyright laws is the responsibility of the user. Commercial use of this
document or the Web Site requires prior written consent from DevelopMentor. Except as
otherwise expressly permitted by these Terms, or as permitted under copyright law, no
posting, copying, downloading, uploading, transmission, retransmission, distribution,
redistribution, publication, republication, decompilation, disassembling, reverse
engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially
exploiting any Proprietary Material in any form or by any means, for any purpose, is
permitted without the express written permission of DevelopMentor. In the event of any
copying, redistribution, or publication of copyrighted material as permitted by law, no
changes in or deletion of author attribution, trademark, legend, or copyright notice shall
be made.
(c) The example companies, organizations, products, people, and events depicted herein are
fictitious. No association with any real company, organization, product, person, or event is
intended or should be inferred.
(d) DevelopMentor SM and other DevelopMentor marks and logos are service marks and
trademarks of DevelopMentor. Other trademarks, service marks, and logos used in the Web Site
are the trademarks, service marks, or logos of their respective owners. Third party content
and software required by or made available by or through this site is the property of its
respective owner and use is subject to the license or terms provided by such owner.
Hypertext links are provided only for your convenience and do not and should not be viewed
as suggesting any association with or endorsement of or by such linked sites.
4. Indemnification
(a) You agree to indemnify, defend, and hold harmless DevelopMentor and its directors,
employees, licensors, independent contractors, providers, subsidiaries and affiliates
(collectively, the "Affiliates"), from and against any and all liability and costs
(including attorneys' fees and costs) incurred by DevelopMentor and/or the Affiliates in
connection with any claim arising out of any breach by you of any provision of these
Terms.
(b) You agree to cooperate as fully as reasonably required in the defense of any such
claims. DevelopMentor reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you and you shall
not in any event settle any claim without the written consent of DevelopMentor.
5. LIMITED WARRANTY
(a) THE WEB SITE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS,
CURRENCY, RELIABILITY, ABSENCE OF ANY VIRUSES OR CONTENT OF ANY INFORMATION, SOFTWARE, OR
MATERIAL PROVIDED BY OR THROUGH THE WEB SITE, AND WITHOUT ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY,
ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION,
SOFTWARE, OR MATERIAL PROVIDED BY OR THROUGH THE WEB SITE RESTS WITH THE USER.
(b) DevelopMentor does not warrant that the functions of the Web Site will meet your
requirements or that the operation of the Web Site will be uninterrupted or error
free.
(c) DevelopMentor shall not be liable for any loss or injury arising out of or caused, in
whole or in part, by any negligent acts or omissions in procuring, compiling, collecting,
interpreting, reporting, communicating, or delivering information contained in the Web
Site.
(d) DevelopMentor has no control over the content of World Wide Web sites that may be linked
to the Web Site through hypertext links ("Linked Sites"), and is not responsible for their
content, software, or privacy practices. The Linked Sites are provided for your convenience
only and you access them at your own risk.
6. LIMITATIONS ON LIABILITY AND REMEDIES
(a) DEVELOPMENTOR IS AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM
THE USE OR INABILITY TO USE THE WEB SITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT
LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS
OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION.
(b) In no event shall DevelopMentor be liable for any indirect, special, incidental,
punitive, or consequential damages, including lost profits, arising out of the use or
performance of the Web Site, even if DevelopMentor has been advised of the possibility of
such damages.
7. Termination
DevelopMentor may terminate the right of any user to access the Web Site at any time, with
or without cause, in DevelopMentor's absolute discretion and without notice. The recital
in this Agreement of specific grounds for termination of a user's right to access the
Web Site shall in no manner whatsoever limit DevelopMentor's absolute right to terminate
any user's access to the Web Site under this paragraph.
8. Modifications of Agreement or Service
(a) DevelopMentor has the right to modify these Terms in any manner and at any time, without
notice or liability. Any modification is effective immediately upon posting on the Web Site.
Your continued use of the Web Site following any modification of these Terms shall be
conclusively deemed an acceptance of all such modification(s). Your only right with respect
to any dissatisfaction with any modifications made pursuant to this provision, or any
policies or practices of DevelopMentor in providing the Web Site, is to cease use of the Web
Site.
(b) DevelopMentor may at any time, without notice or liability, change or eliminate any
content or feature of the Web Site, or restrict the use of any portion of the Web Site,
including limiting the time of its availability, the amount of use permitted, or the persons
who are permitted to use it. Your only right with respect to any dissatisfaction with any
service related change or elimination is to cease use of the Web Site.
9. General
(a) Failure by DevelopMentor to enforce any provision(s) of these Terms shall not be
construed as a waiver of any provision or right.
(b) These terms, and all other aspects of your use of the Web Site, shall be governed by and
construed in accordance with the laws of the State of California, without regard to its
conflict of laws rules. All claims and disputes arising out of these Terms or your use of
the Web Site shall be submitted to and resolved by binding arbitration, pursuant to the
Rules and Regulations, and under the auspices, of the American Arbitration Association. Any
arbitration proceeding shall take place in the County of Los Angeles, California. No demand
for arbitration or action of any kind or nature arising out of these Terms, or out of any
use of the Web Site shall be brought by either DevelopMentor or you more than one year after
the date on which the cause of action first arises. Judgment upon the award rendered by the
arbitrator may be entered in, and enforced by, and you agree to submit to the exclusive
jurisdiction of, the state and federal courts sitting in the County of Los Angeles,
California, and waive any jurisdictional, venue, or inconvenient forum objections to such
courts. In any arbitration proceeding or action to enforce the arbitrator's award, the
prevailing party will be entitled to costs and attorneys' fees.
(c) These Terms constitute the entire agreement between you and DevelopMentor with respect
to the Web Site and supersedes all prior agreements or understandings between you and
DevelopMentor with respect thereto.
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