PLEASE READ THESE TERMS AND CONDITIONS OF USE (the "Terms and Conditions") CAREFULLY BEFORE USING THIS SITE.

Your use of this site is expressly conditioned on your acceptance of the following terms and conditions and the Blackfin Consulting, Inc. PRIVACY POLICY. By accessing this site or entering a course, you (a "User") are signifying that you have read and agreed to all applicable guidelines, policies, regulations and rules set forth herein or otherwise provided by Blackfin Consulting and you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not access course materials, enter any course area or otherwise use this site.

As a User, you are hereby granted limited permission, using a browser, to view and to cache certain portions of the Content (as that term is defined below), which permission is granted subject to the terms and conditions herein.

All courses, content, images, web site design elements, text, graphics, logos, buttons, icons, other material, the presentation, selection and arrangement thereof, and all software Copyright © 2007. Blackfin Consulting, Inc. 2300 Bethelview Road, Suite 110-121 Cumming, GA 30040. ALL RIGHTS RESERVED.

Blackfin Consulting, Inc. ("Blackfin Consulting") is a developer and publisher of interactive, web-based courseware and custom solutions for companies and other institutions worldwide. These Terms and Conditions address the use of both the Blackfin Consulting website and distributed learning material at www.blackfinconsulting.com or material otherwise made available by Blackfin Consulting, Inc. (collectively referred to as "Content"), regardless of the medium. Distributed learning is a pedagogy whereby Users are instructed via electronic transmissions, often utilizing electronically published course materials. Electronically published course materials are materials utilizing electronic transmissions to teach Users.

Responsibilities of Users:

  • User shall access the Blackfin Consulting Content responsibly, respecting the rights of Blackfin Consulting and the needs of other Users.
  • User is responsible for any usage of his or her account. Users must maintain the secrecy of their password(s).
  • User must report any misuse of Blackfin Consulting Content or violations of these Terms and Conditions to support@blackfinconsulting.com.
  • User must comply with all reasonable requests and instructions regarding the courses and materials made available by Blackfin Consulting.

1. OWNERSHIP. This site, the courses available via this site and each of their respective components, are the copyrighted property of Blackfin Consulting, and/or its various third party providers and distributors. Third party providers or distributors may own portions of the material found on this site and such material is the copyrighted work of the respective third party provider or distributor. None of the Content or data found on this site may be reproduced, republished, distributed, sold, transferred, stored, archived or modified without the express prior written permission of Blackfin Consulting and/or its third party providers or distributors, which permission may be granted or denied in any of such party's sole and absolute discretion. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law trademarks of Blackfin Consulting their affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Blackfin Consulting or such other party that may own the Trademarks, which permission may be granted or denied in any of such party's sole and absolute discretion.

2. USE OF SITE. You may only use this site to access the educational Content or make inquiries to Blackfin Consulting and not for any other purposes. This site and the Content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Blackfin Consulting. Archiving, saving, 'embedding' or using analogous technology to capture Content is strictly prohibited unless specifically authorized by Blackfin Consulting in advance and in writing. Unauthorized use of this site and/or the Content contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. Any Content properly and lawfully retained by User must include all copyright and trademark notices and other proprietary notices, contained in the Content. The use of any Content on any other web site, in any environment of networked computers or any other medium is strictly prohibited. You are prohibited from submitting, posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

3. AUTHORIZED USER, AGE AND RESPONSIBILITY. You represent that you are authorized to access Blackfin Consulting courses or other Content, are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site. You understand that you are financially responsible for all uses of this site by you and those using your login information.

4. PRIVACY. You have read the Blackfin Consulting Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Blackfin Consulting by Blackfin Consulting and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Blackfin Consulting Privacy Policy.

5. EXCLUSION OF WARRANTY. BLACKFIN CONSULTING AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. BLACKFIN CONSULTING AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

6. LIMITATION OF LIABILITY. BLACKFIN CONSULTING ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY CONTENT, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL BLACKFIN CONSULTING OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, SPECULATIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY BLACKFIN CONSULTING OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

7. INDEMNIFICATION. You shall defend and indemnify Blackfin Consulting and any third party providers and distributors and their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by any third parties as a result of your use of this site.

8. LINKS. This site may contain links to other web sites that are provided solely as a convenience to you and are not necessarily an endorsement by Blackfin Consulting its third party providers or distributors of the contents of such other web sites. Neither Blackfin Consulting nor any third party provider or distributor shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites or participate in any offers or programs via such web sites, you do so at your own risk.

9. SUBMISSIONS. "Submissions" means all course work, test results, comments, feedback, suggestions, photos, surveys, reports, e-mail and other information or materials that are submitted to Blackfin Consulting. Submissions will not be confidential and will become the property of Blackfin Consulting upon submission to Blackfin Consulting. By providing any such Submissions, you agree to assign to Blackfin Consulting, at no charge, all worldwide right, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Blackfin Consulting will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Blackfin Consulting, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. Blackfin Consulting does not prescreen or monitor any Submissions as a matter of policy.

10. RELATIONSHIP. Your use of this site is independent of Blackfin Consulting and not as an employee, agent, independent contractor, partner, or joint venturer of or with Blackfin Consulting for any purpose.

11. GOVERNING LAW. These Terms and Conditions and adherence hereto shall be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Cook County, the State of Illinois, United States of America, in all questions and controversies arising out of your use of this site and these Terms and Conditions.

12. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

13. MODIFICATION. Blackfin Consulting may at any time modify these Terms and Conditions and your continued access of course materials, Content or other use of this site will be conditioned upon the Terms and Conditions in force at the time of your use.

14. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and/or the provision of services and other uses of portions of this site, and you agree to abide by such other terms and conditions.

15. SEVERABILITY. These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

16. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.

17. ENTIRE AGREEMENT. These Terms and Conditions, together with those incorporated herein or referred to herein constitute the entire current Terms and Conditions between us relating to the subject matter hereof, and supersedes any prior understandings or terms and conditions (whether oral or written) regarding the subject matter, and may not be amended or modified other than by Blackfin Consulting in writing or by Blackfin Consulting making such amendments or modifications available on this site.

Last updated on January 1, 2007.