ServiceMax University Terms and Conditions of Use
Please carefully read the following terms before accessing the ServiceMax University site, using a course, or registering for an instructor-led workshop. By accessing the site (which includes, visiting, registering, purchasing or accessing a course) you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to the Terms & Conditions, you will be restricted from accessing the ServiceMax University site.
Changes to these terms may be made at any time. Please review these terms regularly to ensure you are aware of any changes. Your continued use of ServiceMax University after changes have occurred indicates that you agree to be legally bound by these terms as updated and/or amended.
By using this service, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications ServiceMax, Inc. may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.
1.1) ServiceMax, Inc. reserve the right to change the content used at any time.
1.2) Registered participants have one year from the date of purchase to complete any online coursework.
1.3) Registered participants will receive an electronic notification 1 month prior to the subscription end date.
1.4) All rights not expressly granted herein are reserved.
1.5) These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America.
1.6) All eLearning course sales are final.
2.1) ServiceMax, Inc. quotes prices and issues invoices in US dollars (USD) only. The client must pay in the currency shown on the invoice.
2.2) Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
2.3) The client must pay in full or provide a purchase order before the start of any training event or shipment of any product or course materials. In the case of PO's the client must pay any invoice within 30 days of the date on the invoice
2.4) Course fees include the licensing of training materials to a limited period of time to and appropriately qualified course content. Each license is valid to one person only and cannot be exchanged or shared.
2.5) Online payment is the preferred method of payment. Recognized credit cards are Visa/Mastercard/American Express.
3) Intellectual Property
3.1) All content is property of ServiceMax, Inc.
3.2) All content has been prepared, maintained, updated and distributed by ServiceMax, Inc.
3.3) The use of the content from our courses is restricted to the Registered User who has been supplied with log in details by the eLearning service provider as part of an authorized course.
3.4) The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted content provided by ServiceMax, Inc. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
3.5) The content made available by ServiceMax, Inc. is provided "as-is" without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
3.6) ServiceMax, Inc. does not warrant that the content will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User's responsibility.
3.7) ServiceMax, Inc. may make improvements, or changes, to this content at any time without prior notification.
4) Access to Online Courses
4.1) ServiceMax, Inc. strives to provide the content to its registered participants on a continuous basis. To that end, ServiceMax, Inc. will take all commercially reasonable efforts to provide uninterrupted access of the courses to its registered participants. However, from time to time, registered participants may be unable to access the content due to conditions beyond ServiceMax, Inc.'s control. Such conditions include, but are not limited to: acts of nature, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its registered participants, ServiceMax, Inc. will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term "commercially reasonable," as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
4.2) ServiceMax, Inc. endeavours to provide the highest quality content to its registered participants. To that end, ServiceMax, Inc. reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
4.3) Registered participants are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service and access necessary for use of the Site.
5) Instructor-led Workshops
5.1) Instructor-led workshops are subject to cancellation up to 10 business days prior to the class start date.
5.2) It is recommended to book refundable travel in the event of cancellation. ServiceMax, Inc. is not responsible for travel reimbursement due to cancelled classes.
6) Disclaimers and Limitation of Liability
6.1) Registered participants access the ServiceMax University site at his/her own risk. The site is provided on an "as is, as available" basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties' rights are specifically disclaimed. ServiceMax, Inc. does not warrant any particular result from use of the software or site. ServiceMax, Inc. does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure.
6.2) Under no circumstances and under no legal theory (tort, contract or otherwise) shall ServiceMax, Inc. or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
6.3) Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount ServiceMax, Inc. received from registered participants for a course, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.
6.4) In no event will ServiceMax, Inc. be liable for any damages in excess of the amount ServiceMax, Inc. received from the registered participant for access to a course, even if ServiceMax, Inc. have been informed of the possibility of such damages, or for any claim by any other party.
6.5) In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
6.6) This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of ServiceMax, Inc., computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. ServiceMax, Inc. is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.