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Please Read The Following Terms of Use And Disclaimer Carefully Before
Using This Website (this "Site")
Use of the XcelLearn Resources Sites
This Agreement is between XcelLearn Resources and you ("you" or
"Customer"). This Section sets forth the terms and conditions which
apply to the use by you of the XcelLearn Resources Sites (as defined
below) and any other products or services offered for sale by XcelLearn
Resources and/or its affiliates (collectively, "XcelLearn Resources").
The right to use any products or services offered by XcelLearn Resources
is personal to you and is not transferable to any other person or
entity. XcelLearn Resources reserves the right to make changes to the
XcelLearn Resources Sites, policies, and these Terms of Use at any time
without notice.
XcelLearn Resources Sites contain links to other websites, resources and
advertisers. XcelLearn Resources is not responsible for the availability
of these external sites nor does it endorse or is it responsible for the
contents, advertising, products or other materials made available on or
through such external sites. Under no circumstances shall XcelLearn
Resources be held responsible or liable, directly or indirectly, for any
loss or damage caused or alleged to have been caused to a user in
connection with the use of or reliance on any content, goods or services
available on such external site. You should direct any concerns to such
external site's administrator or webmaster.
Restrictions on Use of Materials
Materials in this website are copyrighted and all rights are reserved.
Text, graphics, databases, HTML code, and other intellectual property
are protected by Malaysian and International Copyright Laws, and may not
be copied, reprinted, published, reengineered, translated, hosted, or
otherwise distributed by any means without explicit permission. All of
the trademarks on this site are trademarks of XcelLearn Resources or of
other owners used with their permission.
Database Ownership, License, and Use
XcelLearn Resources Sites warrants, and you accept, that XcelLearn
Resources is the owner of the copyright of the Databases of Links to
articles and resources available from time to time through http://www.XcelLearn.com.
XcelLearn Resources and its contributors reserve all rights and no
intellectual property rights are conferred by this agreement.
XcelLearn Resources grants you a non-exclusive, non-transferable license
to use database(s) accessible to you subject to these Terms and
Conditions. The database(s) may be used only for viewing information or
for extracting information to the extent described below.
You agree to use information obtained from XcelLearn Resources'
databases only for your own private use or the internal purposes of your
home or business, provided that is not the selling or broking of
information, and in no event cause or permit to be published, printed,
downloaded, transmitted, distributed, reengineered, or reproduced in any
form any part of the databases (whether directly or in condensed,
selective or tabulated form) whether for resale, republishing,
redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print
out individual pages of information that have been individually
selected, to meet a specific, identifiable need for information which is
for your personal use only, or is for use in your business only
internally, on a confidential basis. You may make such limited number of
duplicates of any output, both in machine-readable or hard copy form, as
may be reasonable for these purposes only. Nothing herein shall
authorize you to create any database, directory or hard copy publication
of or from the databases, whether for internal or external distribution
or use.
Disclaimer of Warranty; Limitation of
Liability
XCELLEARN RESOURCES NEITHER ENDORSES NOR IS RESPONSIBLE
FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON
THE XCELLEARN RESOURCES SITES, NOR FOR ANY OFFENSIVE, DEFAMATORY OR
OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL XCELLEARN RESOURCES
BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION
OBTAINED THROUGH THE CONTENT ON THE XCELLEARN RESOURCES SITES. IT IS
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS
OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH
THE XCELLEARN RESOURCES SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS,
AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION,
OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO
FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER
CONTENT.
Liability
The materials in this site are provided "as is" and without warranties
of any kind either express or implied. XcelLearn Resources disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose.
XcelLearn Resources does not warrant that the functions contained in the
materials will be uninterrupted or error-free, that defects will be
corrected, or that this site or the server that makes it available are
free of viruses or other harmful components. XcelLearn Resources does
not warrant or make any representations regarding the use or the results
of the use of the materials in this site in terms of their correctness,
accuracy, reliability, or otherwise. You (and not XcelLearn Resources
assume the entire cost of all necessary servicing, repair or correction.
Applicable law may not allow the exclusion of implied warranties, so the
above exclusion may not apply to you.
Under no circumstances, including, but not limited to, negligence, shall
XcelLearn Resources be liable for any special or consequential damages
that result from the use of, or the inability to use, the materials in
this site, even if XcelLearn Resources or a XcelLearn Resources
authorized representative has been advised of the possibility of such
damages. Applicable law may not allow the limitation or exclusion of
liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In no event shall
XcelLearn Resources's total liability to you for all damages, losses,
and causes of action (whether in contract, tort, including but not
limited to, negligence or otherwise) exceed the amount paid by you, if
any, for accessing this site.
Facts and information at this website are believed to be accurate at the
time they were placed on the website. Changes may be made at any time
without prior notice. All data provided on this website is to be used
for information purposes only. The information contained on this website
and pages within, is not intended to provide specific legal, financial
or tax advice, or any other advice, whatsoever, for any individual or
company and should not be relied upon in that regard. The services
described on this website are only offered in jurisdictions where they
may be legally offered. Information provided in our website is not
all-inclusive, and is limited to information that is made available to
XcelLearn Resources and such information should not be relied upon as
all-inclusive or accurate.
Links and Marks
The owner of this site is not necessarily affiliated with sites that may
be linked to this site and is not responsible for their content. The
linked sites are for your convenience only and you access them at your
own risk. Links to other websites or references to products, services or
publications other than those of XcelLearn Resources and its
subsidiaries and affiliates at this website, do not imply the
endorsement or approval of such websites, products, services or
publications by XcelLearn Resources or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles or phrases
at this website may constitute trade names, trademarks or service marks
of XcelLearn Resources or of other entities. The display of trademarks
on this website does not imply that a license of any kind has been
granted. Any unauthorized downloading, re-transmission, or other copying
of modification of trademarks and/or the contents herein may be a
violation of federal common law trademark and/or copyright laws and
could subject the copier to legal action.
Confidentiality of Codes, Passwords and
Information
You agree to treat as strictly private and confidential
any Subscriber Code, username, user ID, or password which you may have
received from XcelLearn Resources, and all information to which you have
access through password-protected areas of XcelLearn Resources's
websites and will not cause or permit any such information to be
communicated, copied or otherwise divulged to any other person
whatsoever.
Indemnification
You agree to defend, indemnify and hold harmless of
XcelLearn Resources, its affiliates and their respective directors,
officers, employees and agents from and against all claims and expenses,
including attorneys' fees, arising out of the use by you of the
XcelLearn Sites, including claims by other users of your equipment,
access, products or membership.
Legal Disclaimer
XcelLearn Resources Site is intended for information only. The webmaster
and publisher do not imply any results to those using this information,
nor are they responsible for any results brought about by the usage of
the information contained herein.
The webmaster and publisher of this sites and the accompanying materials
have used their best efforts in preparing XcelLearn Resources Site. The
webmaster and publisher make no representation or warranties with
respect to the accuracy, applicability, fitness, or completeness of the
contents of XcelLearn Resources Sites.
The webmaster and publisher disclaim any personal liability, loss, or
risk incurred as a result of the use of any information or advice
contained herein, either directly or indirectly.
Statements made by XcelLearn have not been evaluated by the Human
Resources Ministry of Malaysia. These services are intended for
information only. The success of any training programs and consultancy
services depends on your organisation, management supports, staff
commitments, environmental factors, legal factors, economic situations
etc.
No guarantees of any kind are made for the performance or effectiveness
of the services mentioned on this website. You recognize that training
programs and consultancy services are dependent on many factors to be
successful.
All links are for information purposes only and are not warranted for
content, accuracy or any other implied or explicit purpose.
XcelLearn Resources Sites is © copyrighted by XcelLearn Resources (No
part of this may be copied, or changed in any format, sold, or used in
any way other than what is outlined within this terms of agreement and
disclaimer under any circumstances.
Other Legal Matters
These Terms of Use and Disclaimer will apply to every access to http://www.XcelLearn.com.
XcelLearn Resources reserves the right to issue revisions to these Terms
of Use and Disclaimer by publishing a revised version of this document
on this site: that version will then apply to all use by you following
the date of publication. Each access of information from XcelLearn
Resources will be a separate, discrete transaction based on the then
prevailing terms.
This Terms of Use, Disclaimer and the license granted may not be
assigned or sublet by you without XcelLearn Resources' written consent
in advance.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the Malaysia, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate
XcelLearn Resources and/or its affiliates' intellectual property rights,
XcelLearn Resources and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in Malaysia, and you
consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Penang, Malaysia. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration
at the following location: Penang, Malaysia, under the rules of the
American Arbitration Association. Judgment upon the award rendered by
the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or
in part, the remaining provisions of this Agreement shall not be
affected thereby.
Termination
These Terms of Use agreement are effective until
terminated by either party. You may terminate this agreement at any time
by destroying all materials obtained from any and all the XcelLearn
Resources Sites and all related documentation and all copies and
installations thereof, whether made under the terms of this agreement or
otherwise. This agreement will terminate immediately without notice at
XcelLearn Resources' sole discretion, should you fail to comply with any
term or provision of this agreement. Upon termination, you must destroy
all materials obtained from this site and any and all the XcelLearn
Resources Sites and all copies thereof, whether made under the terms of
this agreement or otherwise.
* Note: If you have any questions about this term of agreement and
disclaimer, the
practices of this website, or your dealings with this website, you can
contact us by clicking here.
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