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Preiss Murphy Learning Management System

PM-LMS

TERMS OF USE

This LMS is owned and operated by Preiss Murphy A&A Education Group. Preiss Murphy or Preiss Murphy Group are our operating names, collectively referred as Preiss Murphy or we or our in this document.

LMS Use and Access Agreement

These Terms of Use together with our Privacy Notice, and any additional terms which might apply to certain products, books, or services, govern your use of and explain the terms on which we provide you with access to our websites at https://www.preissmurphydigital.com/ and https://www.preissmurphylms.com/, and any other microsites, websites, applications, or platforms maintained by us or on our behalf.

Please read these Terms of Use carefully before using or registering to our LMS.

By accessing or using our LMS, you confirm that you have read, understood, and accepted these Terms of Use, and that you agree to comply with them. If you do not agree to these Terms, please do not use or access (or continue to use or access) the LMS. You are responsible for bringing these Terms to the attention of anyone who may read material on this LMS as a result of your access to it.

If you are below the age of fifteen (15) years of age, please obtain the permission of your parent or guardian before using our LMS. Use your parents’ or guardian’s email address to register or create your account on the LMS.

Accessing our Services and Content

Parts of our LMS are available to browse free of charge, whilst some content is only available to those who have purchased our books, or have, otherwise, been permitted access to it.

Changes to the Terms

We may revise these Terms at any time by amending this page. Please check this page from time to time as any such changes are binding on you. Your continued use of our LMS shall be deemed to constitute your agreement to any such changes.

General Disclaimer

We may update our LMS from time to time and may change the content at any time. All content on our LMS is provided for general information only.

Although we make reasonable efforts to update the information on our LMS, we make no representations, warranties or guarantees, whether express or implied, that the content on our LMS is accurate, complete, up-to-date or free from errors or omissions. We do not guarantee that our LMS will be secure or free from bugs or viruses.

We do not guarantee that our LMS, or any part of it, will always be available or be uninterrupted. Access to our LMS is permitted on a temporary and as is basis. We may suspend or change all or any part of our LMS without notice. We will not be liable to you if for any reason our LMS is unavailable at any time or for any period.

The use of our LMS might be available only after the purchase of our books, and its validation or expiration depends on the Access Code activation date. Contact us at info@preissmurphy.com or one of our distributors for more information.

Intellectual Property Rights

We are the owner or licensee of the intellectual property rights on our LMS and in the content, materials, and logos published on it. The content is protected by copyright laws and treaties around the world. All such rights are reserved.

Except where it is otherwise indicated as acceptable on the LMS, you may not reproduce, modify, extract, adapt, post, transmit, copy, make available, or distribute or otherwise use any of the content on this LMS without our prior written permission. Any use made of such content may be an infringement of rights in that content and we reserve all rights to enforce such rights.

You may read, view, print and (where permitted) listen to and download the contents of an individual page for private and personal non-commercial use only provided that all copyright, trademark and other proprietary notices contained in the materials on any copy of these materials is retained, but you may not make more than one copy electronically or otherwise of any of the contents and you may not extract, copy or further distribute, sell, publish or transmit any part of the material by electronic or any other means.

You agree not to sell, resell, supply, or otherwise make the content contained on the LMS or extracts or other information derived therefrom available in any manner or on any media to any third party without our prior written consent.

You may not download or embed on to Your machine, server or institutional system any third party content (including without limitation video clips and photographs) from our LMS under any circumstances and, by agreeing to these Terms, you understand and acknowledge that you are prohibited from so extracting any third party content from the LMS, and that to do so would be a material breach of these Terms by you.

Privacy Notice

If you supply personal details to us through this LMS, then you consent to us maintaining, recording, and using such personal data in accordance with our Privacy Notice.

User Account

Where you have registered on our LMS and have been provided with a username and password, you agree to keep confidential your logins, username, and/or password, and to be responsible for any loss or damage resulting from use of your password by a third party.

If there has been a disclosure of your username and/or password, you agree to notify us promptly, so that we can take appropriate security measures, and to reset your password via the “My Profile” button. Alternatively, if you have an institution account, your teacher, or administrator will be able to do this for you.,

We have the right to suspend or terminate access to our LMS at any time, if in our reasonable opinion you have failed to comply with, or are in breach of, any of the provisions of these Terms.

Use of the LMS by Minors

The use of our LMS by minors (below the age of fifteen (15) years of age) is subject to the consent of their parent or guardian.

We advise parents who permit their children to use the LMS that it is important that they communicate with their children about their safety online. Minors who are using the LMS should comply with these Terms.

Intended Use

You may use the LMS only for lawful purposes.

If you access any part of our LMS, you agree that you will not use the LMS

  1. in any way that breaches any applicable local, national, or international law or regulation;
  2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  3. for the purpose of harming or attempting to harm minors in any way;
  4. in such a way that disrupts, interferes with, or restricts the use of the LMS by other users;
  5. to transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (“spam”);
  6. to transmit knowingly any data, or send, or upload any material, that contains viruses, Trojans, worms or any other computer code, programs, or files designed to destroy, interrupt, or limit the functionality of any computer, computer software, or hardware, or telecommunications equipment;
  7. to gain unauthorized access to our LMS, the server on which our LMS is stored or any server, computer or database connected to our LMS.

You must ensure that any materials uploaded, displayed, or transmitted by you through or to the LMS are not false, offensive, defamatory, threatening, obscene, or unlawful and do not breach or infringe the rights of any person anywhere in the world.

Messages Boards or Forums

Some of the pages of the LMS may contain message boards, blogs, chat pages, or other forums in which users are able to post messages for viewing by others. We do not edit or monitor the content of any such pages and, subject to what is said below, do not have any knowledge of any of the activities or information carried on in, or contained within, such pages.

If you become aware that any posted material on those pages or any activities carr ied out on those pages are offensive, unlawful, or infringe any third party rights in any way please send an appropriately worded message to us by email using this address: info@preissmurphy.com. We shall then remove any such material or disable access to the information.

Uploading Content to the LMS

Whenever you make use of a feature that allows you to upload content to our LMS, or to make contact with other users of our LMS, you must comply with the “Intended Use” set out above.

Any content you upload to our LMS will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a perpetual, irrevocable, assignable, royalty free and global license to use, operate, store, copy, modify, and sub-license that content, and to distribute and make it available to third parties. You waive any moral rights in respect of any such content unless stated otherwise in these Terms or any other Preiss Murphy site specific terms of use.

We have the right to remove any posting you make on our LMS if, in our opinion, your post does not comply with these Terms.

Linking to Our LMS

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

We reserve the right to withdraw linking permission without notice.
If you wish to make any use of Content on our LMS other than that set out above, please contact info@preissmurphy.com.

Third Party Links

Where our LMS contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over and do not endorse the contents of those sites or resources.

Limitation of Liability

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use our LMS or use of or reliance on any content displayed on our LMS.

To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to our LMS or any content on it, whether express or implied.

Trademarks

Preiss Murphy, Preiss Murphy Education Group, and other names of products, books, or services are registered Trademarks worldwide. No use of these or any other Trademarks may be made except for the purpose of referring to the Press or its associated brands lawfully and in good faith only.

Applicable Law

These Terms, any contract that incorporates them, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their formation are governed by US laws. We both agree that the courts of the United States of America will have exclusive jurisdiction.

Contact Us

If you have any comments, suggestions, or questions concerning these Terms, the PM-LMS, or any of our products or books, please contact us by e-mail at info@preissmurphy.com or via our Contact Form.

Last Update: August 2020