DecisionNodes Terms of Service
These Terms of Service (“Terms”) govern your access to and use of our Services, including our training and membership services as provided through the website, courses, lunch-and-learns, webinars, eCases, knowledge base, forums, quizzes, support services, email notifications, applications, buttons, widgets, ads (the “DecisionNodes Services”), and our other covered services (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, communicated, downloaded, appearing on, or that may otherwise be generated or encountered through the use of the Services (collectively referred to as “Content”). Your access to and use of the Services (and Content) are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services (and Content) you agree to be bound by these Terms.
1. Basic Terms
You are solely responsible for your use of the Services (and the Content), for any Content you post to the Services, and for any consequences thereof. You accept that most Content you submit, post, or display through the DecisionNodes Services will be able to be viewed by other members and/or visitors.
If you are accepting these Terms and using the Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that DecisionNodes provides are always evolving and the form and nature of the Services that DecisionNodes provides may change from time to time without prior notice to you. In addition, DecisionNodes may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
The Services may include advertisements. The types and extent of advertising by DecisionNodes on the Services are subject to change. In consideration for DecisionNodes granting you access to and use of the Services, you agree that DecisionNodes and its third party providers and partners may place such advertising on the Services.
2. Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your membership account. DecisionNodes cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
3. Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. Under no circumstances will DecisionNodes be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
4. Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive right to use, copy, reproduce, adapt, modify, publish, display and distribute such Content.
You agree that this license includes the right for DecisionNodes to provide, promote, and improve the Services by use of the Content. No compensation will be paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services. We may modify or adapt your Content in order to improve our services.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof. DecisionNodes will not be responsible or liable for any use of your Content by DecisionNodes in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
5. Your License To Use the Services
DecisionNodes gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Services that is provided to you by DecisionNodes for the duration of your membership period or until termination. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by DecisionNodes, in the manner permitted by these Terms.
Your membership period will be automatically renewed unless being terminated as provided below in section 8. Terminations must be received within three months prior to your next membership year.
6. DecisionNodes Rights
All right, title, and interest in and to the Services are and will remain the exclusive property of DecisionNodes. Nothing in the Terms gives you a right to use the DecisionNodes name or any of the DecisionNodes trademarks, logos, domain names, graphics, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding DecisionNodes, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
You agree that DecionNodes can use the name and/or logo of the company or organisation that you represent for the purpose of promoting its Services. DecisionNodes will not, unless specifically agreed, reveal any member’s username, family name or similar information as part of such promotion.
7. Copyright Policy
DecisionNodes respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
8. Termination
The Terms will continue to apply until terminated by either you or DecisionNodes as follows:
You may end your legal agreement with DecisionNodes in accordance with Section 5, informing DecisionNodes by email and discontinuing your use of the Services.
We may suspend or terminate your membership or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the DecisionNodes Rules, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your membership or the next time you attempt to access your membership account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: 3, 4, 6, 8, 9, and 10.
Nothing in this section shall affect DecisionNodes’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
9. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of DecisionNodes and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “DecisionNodes Entities”).
The Services are Available “AS-IS”
Your access to and use of the Services or any Content are fully at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, DECISIONNODES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
DecisionNodes make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit the Services, any Content and other communications maintained by the Services; and (iv) whether the Services or any Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from DecisionNodes or through the Services or any Content, will create any warranty or representation not expressly made herein.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that DecisionNodes is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the DecisionNodes Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DECISIONNODES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR THE CONTENT; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (v) ANY OTHER ASPECTS RELATING TO THE SERVICES OR THE CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE DECISIONNODES ENTITIES EXCEED ONE THOUSAND EUROS (EUR 1000).
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT DECISIONNODES HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Any liability of DecisionNodes under these Terms shall immediately cease upon termination of your membership for any reason.
10. General Terms
Waiver and Severability
The failure of DecisionNodes to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of Norway without regard to or application of its conflict of law provisions or your country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely to Oslo City Court, Norway, and you consent to the jurisdiction of and venue in such court and waive any objection as to inconvenient forum.
Entire Agreement
These Terms, including the DecisionNodes Rules for the DecisionNodes Services, and any privacy policy are the entire and exclusive agreement between DecisionNodes and you regarding the Services (excluding any services for which you have a separate agreement with DecisionNodes that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between DecisionNodes and you regarding the Services. Other than members of the group of companies of which DecisionNodes AS is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time, the most current version will always be at DecisionNodes.com/TOS. If the revision, in our sole discretion, is material we will notify you via an @DecisionNodes update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Terms are an agreement between you and DecisionNodes AS, Steenstrupsgt. 9, 0554 Oslo, Norway. If you have any questions about these Terms, please contact us.
Effective: October 1, 2015