Individual License: In exchange for consideration duly paid by you and accepted by Aglet, Aglet grants each user a one-time, individual, non-exclusive right and license to use the I-TRAIN program and its related products, for each licensed user, subject to the terms and restrictions set forth herein. Such license shall be used to satisfy an individual employee's annual training requirements. You agree that no more than one (1) annual training certification shall be performed under each license and that a new license must be purchased for each employee's annual re-certification training session. You further agree not to share your user log-in credentials with anyone or utilize your user log-in credentials for "group training" sessions with anyone who is not individually licensed to use the I-TRAIN program. A separate license is required for each individual I-TRAIN user. By using I-TRAIN, you acknowledge that the injury to Aglet which would be occasioned by your failure to abide by the terms of this Agreement shall not be adequately compensated by monetary damages alone and Aglet's remedies at law shall be inadequate. Therefore, in addition to all other remedies available to Aglet at law, in equity or pursuant to this Agreement, including but not limited to monetary damages, Aglet shall be entitled to seek immediate and permanent injunctive and other equitable relief, including but not limited to, temporary restraining orders, preliminary or permanent injunctions to restrain or enjoin any violation of the terms and conditions of this Agreement, and/or specific performance. In the granting of any such equitable relief, you acknowledge and agree that Aglet shall be entitled to such relief without the necessity of posting a bond or other security. These remedies are in addition to all other relief set forth in this Agreement and available at law, along with the reasonable attorneys' and experts' fees and costs of pursuing available remedies to enforce the terms of this Agreement. You hereby waive, with respect to any future dispute related to this Agreement, any defense based on the argument that Aglet will not be irreparably harmed or that Aglet has available an adequate remedy at law.
Unless otherwise specifically provided, the services offered on the I-TRAIN web site are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create any derivative works from, transfer or sell any information, software, products or services obtained from or through the I-TRAIN website.
Disclaimer and Indemnity: The information presented in this site has been compiled by Aglet Solutions, LLC from internal and external sources. Those external sources have been noted for in the information presented and have not been reviewed or verified by Aglet Solutions, LLC. If you, as an agency utilizing I- TRAIN for your employees/trainees, submit, upload, enter, or otherwise provide employer-specific information, including but not limited to, training information, modules, policies, or procedures for use with I-TRAIN (collectively, "Employer Information"), you agree TO FULLEST EXTENT PERMITTED BY LAW, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AGLET SOLUTIONS, LLC, ITS OWNERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENT A TIVES, AND AGENTS (COLLECTIVELY , "AGLET") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, CAUSES OF ACTION, CONTROVERSIES, LIABILITIES, FINES, REGULATORY ACTIONS, SEIZURES, FORFEITURES, LOSSES, COSTS AND EXPENSES (INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, EXPERT WITNESS FEES AND LITIGATION OR ARBITRATION EXPENSES), WHETHER BASED ON STATUTORY OR COMMON LAW, TORT (INCLUDING NEGLIGENCE) CONTRACT LAW, PRODUCT LIABILITY LAW, OR OTHERWISE, WHETHER FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR OTHERWISE, AND WHETHER AGLET, MAY BE ADJUDGED SEPARATELY, SEVERALLY, JOINTLY, OR CONCURRENTLY LIABLE OR WHETHER AGLET, IN WHOLE OR IN PART, CAUSED OR CONTRIBUTED TO THE SAME BY ITS NEGLIGENCE (COLLECTIVELY, "CLAIMS"), ARISING FROM OR IN CONNECTION WITH: (A) YOUR NEGLIGENCE OR WILLFUL ACTS OR OMISSIONS; (B) ANY USE OR APPLICATION OF ANY EMPLOYER INFORMATION; (C) ANY INACCURACY, INCOMPLETENESS, OR INCORRECTNESS OF ANY EMPLOYER INFORMATION; OR (D) ANY ALLEGED INFRINGEMENT OR OTHER SIMILAR CLAIM THAT ANY EMPLOYER INFORMATION VIOLATES ANY PATENT, COPYRIGHT, TRADEMARK RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. THIS OBLIGATION TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT AND SHALL APPLY REGARDLESS OF WHETHER OR NOT SEPARATE, SEVERAL, JOINT, OR CONCURRENT LIABILITY MAY BE IMPOSED ON AGLET AND WHETHER OR NOT THE SAME IS CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OR AGLET, OR WHETHER OR NOT IT IS ALLEGED THAT AGLET IN ANY WAY CONTRIBUTED TO THE CLAIMS OR IS LIABLE DUE TO A NON DELEGABLE DUTY. NOTWITHSTANDING THE FOREGOING, THIS INDEMNITY PROVISION DOES NOT PURPORT TO INDEMNIFY AGLET SOLELY FOR ITS OWN NEGLIGENCE TO THE EXTENT SUCH INDEMNIFICATION IS CONTRARY TO LAW. BY USING I-TRAIN, YOU AGREE, FOR YOURSELF AND YOUR INSURERS, SUCCESSORS, AND ASSIGNS, TO EXPRESSLY WAIVE ANY AND ALL LIMITATIONS OR LIABILITY CAPS, IF ANY, ON YOUR CONTRIBUTION LIABILITY TO AGLET, AND ANY AND ALL STATUTORY OR COMMON LAW LIEN RIGHTS OR CLAIMS AGAINST AGLET, ARISING FROM ANY APPLICABLE WORKERS COMPENSATION OR DISABILITY ACTS, WHICH YOU MIGHT OR COULD ASSERT AGAINST AGLET OR AGLET'S INSURERS IN THE EVENT OF THE PERSONAL INJURY OR DEATH OF YOUR EMPLOYEES, REPRESENTATIVES OR AGENTS.
No Warranties: Notwithstanding anything herein to the contrary, Aglet makes no warranty whatsoever with regard to any Employer Information and you acknowledge that the use or application of any Employer Information pursuant to this Agreement shall be "AS IS" and "WITH ALL FAULTS". You further acknowledge that neither Aglet nor anyone acting on Aglet's behalf has made any representation or warranty of any kind to you regarding the condition of the Employer Information and AGLET HEREBY DISCLAIMS AND YOU HEREBY WAIVE ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF HABITABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING BY LAW, REGARDING THE CHARACTER, FUNCTION, CAPABILITIES OR ANY OTHER ASPECT OF ANY EMPLOYER INFORMATION OR ITS APPROPRIATENESS FOR YOUR PURPOSES.
Limitation of Claims: IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL AGLET BE LIABLE FOR OR HAVE ANY DUTY FOR INDEMNIFICATION OR CONTRIBUTION TO ANY EMPLOYEE/TRAINEE OR AGENCY UTILIZING I-TRAIN, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, SHAREHOLDERS, AGENTS, INDEPENDENT CONTRACTORS, OR INVITEES FOR ANY CLAIMS FOR INDIRECT , EXEMPLARY , SPECIAL, INCIDENT AL, CONSEQUENTIAL, PUNITIVE, TREBLE OR LIQUIDATED DAMAGES, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) OR OTHERWISE, SUCH AS, BUT NOT LIMITED TO, LOSS OF USE, REVENUE, PROFIT, BUSINESS OPPORTUNITY AND THE LIKE, OR DEPRECIATION OR DIMINUTION IN VALUE, EVEN IF SAID EMPLOYEE OR AGENCY HAD BEEN ADVISED, OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Waiver and Release: By using I-TRAIN, you hereby waive, release and forever discharge Aglet of and from any and all allegations, claims, counterclaims, debts, contracts, disputes, demands, losses, damages, equitable relief, actions and causes of action, compensation of any kind or costs, including attorneys' and experts' fees, of any kind or nature whatsoever, whether known or unknown, anticipated or unanticipated, discoverable or non-discoverable, suspected or not, which have arisen, or may arise directly or indirectly in connection with any use or application of any Employer Information or any inaccuracy, incompleteness, or incorrectness of any Employer Information.
Information Provided By You: In order to successfully complete the registration portion of I-TRAIN, you will have to provide personal information about yourself and/or your employer. We only collect the personal information you voluntarily provide to us. Aglet Solutions, LLC does not disclose, rent, sell or share your personal information with other people and/or companies and all inputted information will be kept confidential.
Use of Collected Information: Aglet Solutions, LLC recognizes and respects the privacy of all users of this site. All personal information (for example, your name, social security number, or e-mail address) will be considered confidential and used by Aglet Solutions, LLC/I-TRAIN only for the purpose for which you have provided it. Aglet Solutions, LLC uses all collected personal information for system administration; to allow Direct Support Professionals to register and complete the module training.
Security of Collected Information: Aglet Solutions, LLC has taken reasonable security measures to protect your personal information on the I-TRAIN web site. Aglet Solutions, LLC does not and will not provide any of your personal or employer information to other companies or individuals without your specific request and permission.
Access to Collected Information: If you wish to change or remove any information you have given to us, simply send us an e-mail at firstname.lastname@example.org with the appropriate request or simply update it within the Agency or Trainee portal. We will make every effort to accommodate all reasonable requests.
Children: We do not knowingly collect personal information from children under the age of thirteen (13). If we learn that we have collected the personal information of a child under the age of thirteen (13) we will take steps to delete such information in a timely manner.