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Terms of Service

Date last updated: Feb 16, 2021

Portal Access Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS PORTAL. BY ACCESSING THIS PORTAL, YOU ARE ACKNOWLEDGING AND AGREEING THAT THESE TERMS AND CONDITIONS APPLY. THESE TERMS AND CONDITIONS MAY BE MODIFIED AT ANY TIME. IF CHANGES ARE MADE, THEY WILL BE POSTED TO THE PORTAL ALONG WITH THE DATE THEY WERE CHANGED. ANY SUCH CHANGES WILL BECOME EFFECTIVE IMMEDIATELY. IF YOU DO NOT ACKNOWLEDGE AND AGREE THAT THESE TERMS AND CONDITIONS APPLY, DO NOT ACCESS THE PORTAL. YOUR CONTINUED USE OF THE PORTAL INDICATES YOUR CONTINUED AND UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS

  1. You are being grant limited access to the portal (the “Portal”) pursuant to the terms of an agreement (the “Portal Agreement”) entered into between Yinz Technology LLC dba TurbineLMS dba Upstream Applications (“TurbineLMS”, “we” or “us”) and the entity that has authorized your access to this Portal (the “Customer”). The “Customer” may be your employer or an entity that has entered into a written agreement with you (or your employer) that expressly permits you to access this Portal on behalf of such entity.

  2. Your access to the Portal is being provided pursuant to the terms of the Portal Agreement and is subject to the terms and conditions thereof in all respects.

  3. You may not, directly or indirectly, (i) use the Portal other than for its intended use and other than for the internal business purposes of Customer which, for clarity, includes making the services provided by TurbineLMS to Customer under the Portal Agreement available to Customer’s customers in a manner expressly permitted by the Portal Agreement provided such customers do not have the ability to directly access the Portal; (ii) remove or modify any trademark, service mark, copyright or other notice of Ready’s or its licensors’ proprietary rights; (iii) modify, make derivative works of, disassemble, reverse compile, reverse engineer, reproduce, or download any part of the TurbineLMS Portal, including any software or documentation to which access is provided in connection with the Portal; (iv) conduct any benchmark tests or performance tests of the Portal without Ready’s prior written consent and participation; or (v) sublicense, sell, rent, lease, transfer, assign, distribute, display, disclose, republish, make or permit timesharing or service bureau use or use for any unlawful purpose, or otherwise commercially exploit or make the Portal (including any software or documentation to which access is provided in connection with the Portal) available to any third party. You agree not to transmit or store infringing, obscene, threating, libelous, or otherwise unlawful or offensive content or other materials or information that violates the privacy rights of any person or to transmit or store material containing software virus, worms, trojan horses or other harmful computer code or malware when using the Portal. You are also required to abide by all applicable local, state, national and international laws and regulations in connection with the use of the Portal, including those related to taxes, data privacy and the transmission of technical or personal data.

  4. Usernames and passwords provided for accessing the Portal are provided by TurbineLMS for designated individuals and may not be used by any other person. You are required to protect the usernames and passwords as required to prevent disclosure.

  5. TurbineLMS reserves all of its intellectual property rights in the Portal and any services or products provided using the Portal. Using the Portal does not give you any rights in the Portal or such services or products or the content or information made available through the Portal. Trademarks and logos used in connection with the Portal are the trademarks of their respective owners.

  6. If you are not an employee of Customer, you may not access or use the TurbineLMS Portal unless your employer has agreed in writing with the Customer to comply with the terms of the Portal Agreement prior to your accessing the Portal or you have agreed in writing with Customer to comply with the terms of the Portal Agreement prior to your accessing the Portal. Only TurbineLMS and Customer have any rights pursuant to the Portal Agreement and TurbineLMS or Customer may enforce the Portal Agreement. Any questions on the Portal Agreement should be directed to the Customer on whose behalf you are accessing this Portal.

  7. In addition to any other remedies we may have at law, we may, in our sole discretion and without notice, terminate your access to the Portal and/or block your future access to the Portal, if we determine or suspect that you have violated the terms of the Portal Agreement or the terms and conditions as set forth above.

  8. DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE PORTAL AGREEMENT, TurbineLMS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR, IMPLIED, REGARDING ANY MATTER, INCLUDING THE MERCHANTABILITY, SUITABILITY, ORIGINALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR RESULTS TO BE DERIVED FROM THE USE, OF ANY INVENTION, SERVICE, SOFTWARE, HARDWARE, OR OTHER MATERIALS PROVIDED IN CONNECTION WITH THE PORTAL. TurbineLMS DOES NOT WARRANT ANY CONNECTION TO, TRANSMISSION OVER, NOR RESULTS OF USE OF, ANY NETWORK CONNECTION, SERVICE, PRODUCT OR FACILITIES PROVIDED UNDER THE AGREEMENT. READY’S LIABILITY IS LIMITED AS PROVIDED IN THE PORTAL AGREEMENT.

  9. LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE PORTAL OR ANY SERVICE OR PRODUCT MADE AVAILABLE THROUGH THE PORTAL, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHER LEGAL THEORY, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.