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TERMS OF USE

Terms of Service

This document details the terms of a legal agreement (the "Terms of Use") between you and Society of Manufacturing Engineers (SME), a Michigan Corporation (“DBA Tooling U- SME”) (the “Company”). These Terms of Use govern your visiting, downloading, or accessing (“Use”) of products and services provided by the Company, including the Company’s website (the “Website”), the Company’s app (the “Application”), and other products, features, services, technologies, and software we offer (collectively, the “Tooling University Platforms”).  By using the Tooling University Platforms, you acknowledge that you have read and understood these Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of the Tooling University Platforms, to the use of the Internet, and to the activities involved in using the Tooling University Platforms.

If you do not agree with the Terms of Use, then do not use the Tooling University Platforms.

Privacy:

To know what privacy measures the Company has taken and what information we retain from your visit to the Company's Tooling University Platforms, please read our Privacy Statement which is incorporated here by reference. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

BookStore Policy:

Click here to review the Tooling University BookStore merchandise policies.

Change of Terms:

The Terms of Use may be changed without notice. Your continued use of the Tooling University Platforms after the Terms of Use are changed indicates your acceptance of the updated Terms of Use. If you do not agree with the updated Terms of Use, then discontinue your use of the Tooling University Platforms.

Updates and Availability:

The Company may from time to time in its sole discretion develop and provide updates to the Tooling University Platforms, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may alter the availability of any feature of the Tooling University Platforms or service related to any feature of the Tooling University Platforms at any time. The Company is not and will not be liable if for any reason all or any part of any Product is unavailable at any time or for any period.  If you Use the Tooling University Platforms, you give the Company permission to download and install Updates where available.

The Company may add, remove or modify any content of any Product, including that of third parties, at any time, but the Content is not necessarily complete or up-to-date. Any of the material on the Tooling University Platforms may be out of date at any given time, and we are under no obligation to update such material.

Limitation on Usage:

If you are an individual user, you are responsible for maintaining the confidentiality of your Product account credentials (e.g., username, password) for the Tooling University Platforms, and for not sharing it with others. If you are a school or employer, it is your responsibility to ensure that your students or employees do not share their Product account credential with others. Any attempt to share Product account credentials or to allow others to make use of the Tooling University Platforms may be reported to your school or employer, if applicable, and is grounds for immediate termination of your account. The Company may limit your access to any part of any Product without notice to you. Company may terminate your use of the Tooling University Platforms at any time.

User Conduct:

  • You agree to Use the Tooling University Platforms only for lawful purposes.
  • You agree to Use the Tooling University Platforms only for its intended purposes.
  • You agree not to disrupt the Tooling University Platforms.
  • You agree not to interfere with or compromise the security of the Tooling University Platforms, or any computer, server, account, network, data, software and/or hardware associated with the Tooling University Platforms.
  • You agree not to disrupt or interfere with any other person’s Use of the Tooling University Platforms.
  • You agree not to attempt to obtain access to any portion of the Tooling University Platforms, any computer, server, account, network, software and/or hardware associated with the Tooling University Platforms, from which you are restricted.
  • You agree that you are solely responsible for any actions you undertake while Using the Tooling University Platforms and that you will comply with all applicable local, state, national and international laws and regulations applicable to the Tooling University Platforms and the Internet, including United States copyright and export regulations.
  • You warrant that all information you provide to gain access to the services provided by the Tooling University Platforms is accurate and truthful.
  • The Company reserves the right to prohibit any conduct involving the Tooling University Platforms that it deems to be inappropriate.
  • You warrant that all persons who use the Tooling University Platforms through your Internet connection are aware of these Terms of Use and comply with them.

  • YOU CONFIRM I AM NOT A CITIZEN OR RESIDENT OF CUBA, IRAN, NORTH KOREA, RUSSIA, SUDAN, SYRIA OR THE UKRAINIAN REGIONS OF CRIMEA, DONETSK, LUHANSK, KHERSON, OR ZAPORIZHIA, AND I AM NOT THE SUBJECT OF US, EU, UK OR UNITED NATIONS SANCTIONS THAT WOULD PROHIBIT MY ACCESS TO THIS LEARNING SYSTEM.

Links to and From Third-Parties:

You may gain access to other websites via links on the Tooling University Platforms. These Terms of Use apply to the Tooling University Platforms and do not apply to other parties' websites or applications. Similarly, you may have been directed to the Tooling University Platforms via a link from another website. The terms of use of other websites or applications do not apply to the Tooling University Platforms. Only these Terms of Use apply to the Tooling University Platforms. The Company assumes no responsibility for any terms of use or material outside the Tooling University Platforms accessed via any link.

Links to third party websites or information are not intended, and should not be interpreted by readers, as constituting or implying the Company's endorsement, sponsorship or recommendation of the third party information, or products or services found there.

Copyright, Trademark and Intellectual Property:

All information, content and material made available by the Company through the Tooling University Platforms, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other proprietary rights comprising the Tooling University Platforms (collectively, the "Content") is owned by or licensed to the Company. The compilation of the Content on the Tooling University Platforms is the exclusive property of the Company and is protected by U.S. and international copyright Law.

The Company and its licensors retain all rights in this Content. The Content and any and all such copyrighted material may not be reproduced, modified, copied, distributed, downloaded, displayed, e-mailed, stored, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the Company, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any terms or license agreements for such applications.

If you display, copy, distribute, print and/or download the Content made available through the Tooling University Platforms, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content.

The Content may not be used in connection with any service or information that is not the Company's or in any manner that is likely to cause confusion among consumers or that disparages the Company. The permission granted herein terminates automatically if you breach these terms. Upon termination of the permission, you must immediately destroy any Content you displayed, copied, distributed, printed and/or downloaded.

"Tooling University," "ToolingU.com," "Tooling U-SME" and their respective logos, as well as www.toolingu.com are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of the Company and may not be used, copied or imitated without the prior written consent of the Company.

Digital Millennium Copyright, Act, Transmission of Third Party Content:

You may not upload, post or otherwise distribute on the Tooling University Platforms anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution.

The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution. The Company shall have full discretion to discontinue your Use of the Tooling University Platforms and will promptly terminate repeat offenders.

The Company, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

The Company, pursuant to the Digital Millennium Copyright Act, designates Chad Schron to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on the Company's Tooling University Platforms in a way that constitutes infringement, you may notify the Company by providing Chad Schron the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on the Tooling University Platforms where the material that you claim is infringing is located;
  • Your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Chad Schron can be reached via e-mail at info@toolingu.com and by regular mail at Tooling University, 3615 Superior Avenue, Building 44, 6th Floor, Cleveland Ohio, 44114 USA.

You are prohibited from uploading, posting or otherwise distributing on the Tooling University Platforms any unlawful, threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any other classification that could produce any civil or criminal liability for either yourself or for the Company, its affiliates, employees, agents or any such similarly situated persons or entities.

Ownership of Third-Party Content:

The Company may display Content supplied by visitors and other third parties on the Tooling University Platforms. The Company maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES ("WE") DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

We shall not, under any circumstances, be liable for any loss, damage or harm to property or person caused by your or anyone else's reliance on Content available on the Tooling University Platforms that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Content available on the Tooling University Platforms.

Reservation of Rights:

This Agreement provides only for the Use of the Tooling University Platforms. You do not acquire any ownership interest in the Tooling University Platforms under these Terms of Use, or any other rights thereto other than to Use the Tooling University Platforms in accordance with the licenses granted, and subject to all terms, conditions, and restrictions, under these Terms of Use.  This Agreement shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.

Disclaimers:

THE PRODUCTS ARE PROVIDED "AS-IS" AND "AS-AVAILABLE". THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THE PRODUCTS, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THE PRODUCTS.

YOU AGREE TO USE THE PRODUCTS SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF PRODUCTS, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THE PRODUCTS IS SOLELY AT YOUR OWN RISK.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or THE PRODUCTS will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE DO NOT WARRANT THAT THE PRODUCTS WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR FREE.

WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THE PRODUCTS ARE ACCURATE, RELIABLE, OR CURRENT.

THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.

Limitation of Liability:

NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THE PRODUCTS SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PRODUCTS OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE PRODUCTS, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, THE COMPANY'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THE PRODUCTS.

IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.

Indemnity:

You agree to indemnify and hold harmless the Company for any damages, losses, costs, or expenses that the Company may incur as a result of your use of the Tooling University Platforms or your use of the Content. You also agree to indemnify the Company from any damages, losses, costs or expenses that the Company may incur as a result of your providing inaccurate or untruthful information to gain access to the services provided through the Tooling University Platforms.

Situs:

The Tooling University Platforms are controlled by the Company from its offices within Ohio. The Company complies with all laws of Ohio applicable to the Tooling University Platforms and to the Internet. Visitors who choose to Use the Tooling University Platforms from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.

Venue and Jurisdiction:

Claims relating to the Tooling University Platforms, to the Use of the Tooling University Platforms, and to the information, content, material, and services available through the Tooling University Platforms are governed by the laws of Ohio. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction of Ohio for any litigation concerning the Tooling University Platforms, your use of the Tooling University Platforms and any information received through the Tooling University Platforms. You agree not to plead forum non conveniens in any such action. You consent to service of process.

Severability:

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.

Integration Clause:

You hereby acknowledge that these Terms of Use, all documents referenced herein, as well as any agreement between you and the Company, represent the entire understanding between you and the Company concerning your use of the Tooling University Platforms, and the Content, information and services available on the Tooling University Platforms.

Survivability:

All representations and warranties made by the Company shall survive termination of the Terms of Use.

Headings of the Terms of Use:

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.