ZipTrain Terms of Service
Last updated: April 2, 2010

By using the ZipTrain website (“Site”) and the learning management system, administration area, and data storage service (“Service”) you agree to the following terms and conditions (“Terms of Service”).

Use of the ZipTrain Service constitutes acceptance and agreement to ZipTrain’s Terms of Service. If you do not agree to these Terms of Service or any part thereof, you should immediately cease all usage of the ZipTrain Service.

ZipTrain may make changes to the Terms of Service from time to time without prior notice. When these changes are made, they shall become effective immediately upon being posted at the ZipTrain Site.

Use of Services
You may not use the Service and may not accept the Terms of Service if you are not of legal age to form a binding contract or you are a person barred from receiving the Service under the laws of the United States or other countries including the country in which you are resident or from which you use the Service.

Allowable Content and Use
As a condition of your use of ZipTrain, you agree not to:

Post or otherwise make available content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another’s privacy, harassing, threatening, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate.

Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

Post or otherwise make available content you do not have the right to transmit or that infringes on trademarks or copyrights.

Engage in any activity that interferes with or disrupts the Service or Site (including servers or networks connected the Service or Site).

Reverse engineer, decompile or disassemble any of the software used to provide the ZipTrain Service or Site.

Misuse system resources, including but not limited to consumption of excessive network capacity, storage space, or file translation services.

Disclaimer of Warranties
The Service is provided by ZipTrain on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, ZipTrain makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. ZipTrain shall have no liability for any interruptions in the use of this website. ZipTrain disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Notification of Claims of Infringement
It is our policy to respond to valid DMCA takedown notices of alleged copyright infringment. If you believe that work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, ZipTrain designates the following individual as its agent for receipt of notifications of claimed copyright infringement. Claims should be sent via email to: support@ziptrain.com

Limitation of Liability
ZIPTRAIN SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ZIPTRAIN SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ZIPTRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification
Member agrees to indemnify and hold ZipTrain, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Terms of Service, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

General
If any provision of this Terms of Service shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Service and any other agreements referenced herein may be assigned by ZipTrain, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Service, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Statute of Limitations
You agree that to the extent permitted by law, any claim or cause of action arising out of or related to use of the Site or Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Questions about the Terms of Service should be addressed to support@ziptrain.com