Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE. THE FAILURE OF TPC TO ENFORCE THESE TERMS OF USE, FOR WHATEVER REASON, SHALL NOT BE CONSTRUED AS A WAIVER OF ANY RIGHT TO DO SO AT ANY TIME.

TPC maintains this Web site as a service to its customers, potential customers, and other interested parties. Please visit us frequently, browse our pages, and download documents, subject to the terms and conditions set out below.

This web site, and the content and information it contains, is the property of TPC and its parent company Telemedia, Inc., and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.

The following are TPC trademarks: TPC TOTAL TRAINING SOLUTIONS, TPC LEARNING MANAGER, TPC TESTMASTER, and the TPC logo. In addition, the Web Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Web Site or in any Site Content are the sole property of their respective owners.

USE OF THE TPC WEB SITE AND ITS CONTENT

The information contained in this web site is for general guidance on topics selected by TPC. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this web site.

TPC may alter, suspend, or discontinue this web site at any time for any reason, without notice. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.

By using this web site, you agree to indemnify, hold harmless and defend TPC from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of this web site in violation of these terms.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that TPC authorizes you to view, copy, download, and print TPC documents (such as white papers, press releases, data sheets, catalogs, product samples, brochures, and FAQs) that are available on this web site, subject to the following conditions:

1. The documents may be used solely for noncommercial, informational purposes.

2. The documents may not be modified.

3. Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of TPC.

SUBMISSIONS TO TPC

Any information, including but not limited to remarks, suggestions, ideas, graphics, content, links, or other submissions, communicated to TPC through this web site is the exclusive property of TPC. TPC is entitled to use any information submitted for any purpose, without restriction or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to TPC and accepts responsibility for its accuracy, appropriateness, and legality.

DOWNLOADING CONTENT AND DOCUMENTATION

All content and documentation available for download from the Web Site is the copyrighted work of TPC and its parent company, Telemedia, Inc. Content and documentation ownership is retained by the copyright holder. You are only authorized to use the content and documentation for informational purposes. You expressly agree that any content or documentation downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software or other Site Content.

DISCLAIMERS AND WARRANTIES

The Web Site and Site Content are provided on an "as is" and "as available" basis. SPECIFICALLY, BUT WITHOUT LIMITATION, TPC DOES NOT WARRANT THAT: (1) THE WEB SITE OR SITE CONTENT OR ANY PRODUCTS OR SERVICES PURCHASED FROM TPC WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (2) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (3) ANY PARTICULAR RESULTS WILL BE OBTAINED FROM THE USE OF THE WEB SITE OR FROM ANY PRODUCTS OR SERVICES PURCHASED FROM TPC; (4) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (5) DEFECTS WILL BE CORRECTED, OR (6) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Product and service descriptions and specifications are subject to change. TPC periodically adds or updates the information and documents on this web site without notice.

It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, trojan horses, or other items of a potentially destructive nature.

LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER TPC NOR ITS SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE TPC WEB SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) RELIANCE ON THE WEB SITE, SITE CONTENT OR ANY PRODUCTS OR SERVICES ON THE WEB SITE.

Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations and exclusions may not apply to you.

LINKS TO THIRD PARTY WEB SITES

The Web Site may include links to various third party web sites. TPC is providing these links solely as a convenience. Such linked third party sites are not under the control of TPC. We have not reviewed all of the sites linked from the Web Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on this site does not imply TPC's endorsement of the linked site, its sponsor or any products or services offered on the linked site. Use of any linked site is at your own risk.

INDEMNITY

You agree to indemnify, defend, and hold harmless TPC and its parent company, Telemedia, Inc., and their officers, employees, directors, agents, suppliers and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from: (1) any breach of these Terms of Use or of any representation or warranty made by you in these Terms Of Use; (2) your Submissions; and/or (3) your activities in connection with the Web Site or Site Contents.

APPLICABLE LAWS AND JURISDICTION

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the TPC site and your purchase of the products and services on the site.

These Terms and Conditions are governed and interpreted pursuant to the laws of the State of Illinois, United States of America, notwithstanding any principles of conflicts of law. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. TPC may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

TPC makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

ACCURACY OF CONTENT AND FUTURE MODIFICATIONS TO WEB SITE

The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors.

TPC reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

NOTICE AND TAKE DOWN PROCEDURES

TPC will investigate, in appropriate circumstances, notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2). If you believe that your work has been copied in a way that constitutes copyright infringement, please submit the information listed below, in writing, to TPC's copyright agent.Inquiries that do not follow this procedure will not receive a response.

1) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3) Your name, address, telephone number and (if available) e-mail address.

4) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6) A signature or the electronic equivalent from the copyright holder or authorized representative.

Submit all such notices in writing to:

Andrew Kauser

Telemedia, Inc.

750 Lake Cook Road

Buffalo Grove, IL 60089, USA

Telephone: 847-808-4041

Facsimile: 847-808-4003

E-mail: akauser@telemediainc.com

ENTIRE AGREEMENT

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by TPC, as described above.