ACTIVE Education Profiler - Terms and Conditions
The Developer of ACTIVE Education Profiler Online™ (“this Site”) is ACTIVE
Solutions Europe Ltd, whose registered office is at Network House, Basing View,
Basingstoke, RG21 4HG, England (“the Developer”).
Permitted Use of the Site
This Site is ©Copyright 2006, 2007 of the Developer. Commercial reproduction,
distribution or transmission of any part or parts of the software by any means
whatsoever without the prior written permission of the Developer is prohibited.
The Developer provides this Site subject to the terms and conditions below.
By accessing the Site you agree to be bound by these terms and conditions so you
should read them carefully. If you do not wish to be bound by these terms and
conditions, you may not use or access this Site.
By using this Site, you signify your agreement to all terms, conditions, and
notices contained or referenced herein (the "Terms of Use"). If you do not agree
to these Terms of Use please do not use this site. We reserve the right, at our
discretion, to update or revise these Terms of Use. Please check the Terms
periodically for changes. Your continued use of this site following the posting
of any changes to the Terms of Use constitutes acceptance of those changes.
While visiting this Site you may not: post, transmit or otherwise distribute
information constituting or encouraging conduct that would constitute a criminal
offence or give rise to civil liability, or otherwise use the Site in a manner
which is contrary to law or would serve to restrict or inhibit any other user
from using or enjoying this Site or the Internet; post or transmit any
information or software which contains a virus, cancelbot, trojan horse, worm or
other harmful or disruptive component. Also you may not use (other than to the
extent permitted by applicable law) any software or other material contained or
capable of being downloaded from this Site to develop, design, produce,
manufacture, sell and/or distribute any product of whatever nature nor will you
permit any third party to do any of the above.
There are links from this Site to third party websites not under the control
of the Developer. The Developer provides these links for your convenience only
and is not responsible for the content of the linked website. A link from this
Site does not imply the Developer’s endorsement of any statements, opinions or
content on the linked site.
You agree to defend, indemnify and hold the Developer and its affiliate and
related companies harmless from any and all liabilities, costs and expenses,
including reasonable legal fees, related to any violation of this Agreement by
you or users of your account, or in connection with the use of this Site or the
placement or transmission of any message, information, software or other
materials on this Site or on the Internet by you or users of your account.
If you are dissatisfied with this Site or with any terms, conditions, rules,
policies, guidelines, or practices of the Developer in operating this Site, your
sole and exclusive remedy is to discontinue using this Site.
The Developer has no obligation to monitor content in this Site provided by
third parties (such as users or contractors). Nevertheless you agree that the
Developer does have the right to monitor this Site electronically from time to
time and to disclose any information as necessary to satisfy any law, regulation
or other governmental request, to operate this Site, or to protect itself. The
Developer reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of the Terms of Use.
By contributing a file or data to the storage areas you confirm that the file
or data is not copyright and is not based upon copyright work. This clause does
not apply to files or data based on work copyright of the Developer.
THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND WITHOUT ANY
REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE) IN RESPECT OF THIS
SITE AND/OR ITS CONTENTS. THE DEVELOPER DISCLAIMS ALL REPRESENTATIONS, TERMS,
CONDITIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, AS TO SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW.
IN ADDITION, THE DEVELOPER EXCLUDES ANY REPRESENTATION OR WARRANTY THAT THE
INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR
CURRENT, OR THAT THIS SITE WILL BE FREE OF DEFECTS INCLUDING, BUT NOT LIMITED
TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS SITE ASSUMES ALL COSTS
AND RISKS ARISING AS A RESULT OF ITS USE OF THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE DEVELOPER NOR ANY
OF ITS DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE
FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR
INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH
THIS SITE INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR
DAMAGE, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO
PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND/OR SUCH LOSS OR DAMAGE WERE
REASONABLY FORESEEABLE.
IN NO EVENT WILL THE DEVELOPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE. THE ABOVE EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL NOT APPLY IN
RESPECT OF LIABILITY IN NEGLIGENCE FOR DEATH OR PERSONAL INJURY.
This Site is controlled by the Developer. The Developer excludes all
representations and warranties that materials in and/or facilities or services
offered through this Site comply with any legal or regulatory requirements of
other countries and those who choose to access this Site do so at their own risk
and on their own initiative and are responsible for compliance with applicable
local laws. The Developer makes no representation that materials on this Site
are appropriate or available for use in locations outside the United Kingdom,
and accessing them from territories where their contents are illegal is
prohibited. Those who choose to access this Site from other locations do so on
their own initiative and are responsible for compliance with local laws.
These terms shall be governed by and construed in accordance with English
law. Any dispute under these terms shall be subject to the exclusive
jurisdiction of the English courts and, by using this Site, you hereby submit to
the non-exclusive jurisdiction of such courts for such purposes and waive any
and all objections to jurisdiction or venue in such courts.
This Agreement constitutes the entire agreement between the Developer and you
pertaining to the subject matter hereof. The Developer’s failure to insist upon
or enforce strict performance of any provision of the Terms of Use shall not be
construed as a waiver of any provisions or right. If any of the provisions
contained in the Terms of Use were determined to be void, invalid or otherwise
unenforceable by a court of competent jurisdiction, such determination shall not
affect the remaining provisions contained herein.