Terms & Conditions of Use

1. Introduction:

1.1 Welcome to Wiley Learning Institute Online Professional Development . We hope that you enjoy your experience. These Terms and Conditions of Use (the “Agreement”) govern your use of the Internet-based learning service provided through this site (“Service”). The Service consists of asynchronous workshops, support materials, facilitator guides, and other content provided by John Wiley & Sons, Inc. and its affiliates (“Wiley”).

1.2 Your participation in the Service is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement and indicate your acceptance by using the Service. Wiley reserves the right, in its discretion, to change all or any part of this Agreement at any time. Such changes shall be effective immediately upon publication of the modified Agreement on the Service. Your continued use of the Service following any changes constitutes your binding acceptance of these terms and conditions including any such changes.

1.3 If at any time any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service.

1.4 This Agreement is the entire agreement relating to its subject matter between you and Wiley, and it supercedes any prior proposal, representation, or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.

2. Grant of License:

2.1 Individual:  Wiley grants you, as a registered user, the right, with a standard web browsing program not supplied by Wiley (“Browser”) to use the Service and the content, workshops, information, and other material contained on the Service (collectively, the “Content”) solely for your own individual (non-commercial) use on one personal computer or other device capable of displaying the Content. You may not share your access nor distribute any Content from the Service to others without the prior written permission of Wiley.

2.2. Program or Institutional: Wiley grants you, as a registered user, the right to share the Service, and the content, workshops, information and other material contained on the Service (collectively, the “Content”) solely for individual users covered under the terms of your non-commercial use only. You may not share your access nor distribute any Content from the Service except as expressly stated in the terms of your usage and you must prominently inform all individual users who have access under the terms of your usage that they may not share their access nor distribute any content from the Service to others.

3. Use of Service Content:

3.1 You acknowledge that the Service and all Content are protected by copyright, trademark, or other proprietary rights of Wiley, or third party licensors. You agree to comply with any additional copyright notices, information, or restrictions applicable to any Content available on or accessed through the Service.  Wiley Learning Institute and all related trademarks, trade names, logos, characters, design, and trade dress are trademarks or registered trademarks of  John Wiley & Sons, Inc. or its licensors or affiliates in the United States and other countries and may not be used without written permission. All other trademarks are the property of their respective owners. Please consult Wiley’s Trademark Guidelines for information regarding a list of Wiley trademarks.

3.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of or containing downloadable software may not be reverse engineered unless specifically authorized by its proprietor.

3.3 You may download or copy the Content only for your own individual use as provided herein, and further provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any portion of any Content, except as may be temporarily stored by your Browser in its ordinary operation. Except as may be expressly permitted by U.S. copyright laws, no copying, storage, redistribution, or publication of any Content is permitted without the express prior written permission of the owners of such Content.

3.4 You grant to Wiley the right to edit, copy, publish, distribute, translate, and otherwise use any Content that you place on the Service, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.

4. Service Rules of Conduct:

You may use the community forum feature of the Service for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Service, any material which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to Wiley in their sole and absolute discretion, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as by infringing any copyright, trademark, patent, or trade secret or violating any right of privacy or publicity, (d) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling, chain letters or marketing/pyramid schemes, or the selling or trading of any merchandise, (e) contains links to sites that violate these Terms of Use, such as pornographic sites, defamatory sites, and so on, or (f) otherwise violates any applicable law. You may not use the Service for any commercial purpose, including advertising or solicitation of funds or goods and services. In addition, you may not use the Service to solicit subscribers to join other online information services that are competitive with the Service. Neither the administrators of nor the moderators of the Service or the community forum are responsible for the privacy practices of any user. Remember that all information that is disclosed in these areas becomes public information and you should exercise caution when deciding to share any of your personal information.

5. Managing Content:

Wiley does not review material submitted to the Service by users (“Users’ Content”) and is not responsible for such Users’ Content. However, Wiley reserves the right to cancel your access to these areas and/or delete, move, modify, or edit any Users’ Content, including messages posted in any forum that they may determine, in their sole discretion, violates this Agreement. You are and shall remain solely responsible for all Users’ Content posted by you or by any other person using your account.

6. No Endorsement:

6.1 Wiley does not represent or endorse the accuracy or reliability of any Users’ Content displayed, uploaded, posted on any message board, or otherwise distributed through the Service. Wiley expressly disclaim any liability related to Users’ Content, and you acknowledge that any reliance by you upon such User Content shall be at your sole risk.

6.2 The Service may contain links to sites on the Internet that are owned and operated by third parties (the “External Sites”). You acknowledge that Wiley is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.

 

7. User Qualifications:

7.1 As part of the registration process, you will either be given secure electronic access. You must provide accurate, complete, and current registration information and you agree to provide the Service with any updates to that information promptly after such changes occur.

7.2 Individual usage to the Service are available only to persons who are at least 18 years of age. Your right to use the Service is personal to you and cannot be transferred to any other person.

7.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.

7.4 You shall be responsible for obtaining communication services, computer equipment, and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet service provider, or your local telephone company.

7.5 Your participation in the Service is subject to our Privacy Policy.

8. Service and System Availability:

Wiley uses reasonable efforts to maximize system availability. Wiley shall make a reasonable effort to correct any technical difficulties which may arise with the Service; however, Wiley is not responsible for any Service downtime. Wiley is not responsible for any technical difficulties resulting from the World Wide Web, Internet access, and computer hardware or software.

The Wiley Learning Institute site is tested on Mac and Windows computer systems as well as iOS and Android phones and tablets. On the desktop we test using recent versions of Internet Explorer (32 bit), Firefox, Safari, and Google Chrome. Certain functions within the site may be disabled due to lack of device or browser support. For example, lesson files for following along with a tutorial may require you to log-in using a desktop or notebook computer rather than working from a tablet device. Access to the eBook library from within Internet Explorer requires a 32-bit version of Internet Explorer and the Google Chrome plug-in, which is freely available and installs automatically.

9. Indemnity:

You hereby agree to indemnify, defend, and hold Wiley and all of its respective officers, directors, employees, owners, agents, information providers, affiliates, and licensors (collectively, “Representatives”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by them in connection with any claim arising out of any use or alleged use of your account or password by any person, whether or not authorized by you. Wiley reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with their defense of such claim.

10. Termination of Service:

10.1 Wiley reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability and without any obligation to refund any portion of fees paid.

10.2 Wiley may change, suspend, or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability.

11. Disclaimer of Warrantees; Limitation of Liability:

11.1 THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NONE OF WILEY, THIRD PARTY CONTENT PROVIDERS, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NONE OF WILEY, NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES WILEY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT.

11.2 NONE OF WILEY, ANY THIRD PARTY CONTENT PROVIDER, NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF WILEY, THIRD PARTY CONTENT PROVIDERS, AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

12. Third Party Rights:

The provisions of paragraphs 3, 4, 9, 11, and 15 are for the benefit of Wiley, third party Content providers, and its and their respective employees, agents, and contractors. Each such party will have the right to enforce such provisions directly on its own behalf.

13. Miscellaneous:

This Agreement shall be construed in accordance with the laws of the State of New York, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York County, New York. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended except in writing signed by both parties and no waiver by either party shall be deemed a waiver of any preceding or subsequent breach or default. The provisions of sections 3, 4, 7, 8, 10, 11, 12, 13, and 16 shall survive any termination of this Agreement, as well as any other provisions which by their terms or sense are intended to survive.

14.International Use:

We make no representation that materials on this website are appropriate or available for use in locations outside the United States, 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.