- - Verify your progress through the Training Materials
- - Apply incentives earned by you as a result of your participation in the Training Materials
- - Send you email communications on topics relating to the Portal and the Training Materials, including newsletters, contests, new Kobo product information, etc.
- - Report (internally and to your Kobo retailer) your progress
Kobo hereby grants to you a limited, non-exclusive, non-transferable (with no right to sublicense) license to access and use the Training Materials to complete each training module included in the Portal and for any other purposes detailed in the Portal, in accordance with the terms set out in this Agreement. You may also reproduce and/or display (as applicable) any Training Materials that are sales sheets, videos, or other materials identified in the Portal as being available for such use. All uses of the Training Materials may only be in accordance with the purpose as set out therein. It is your responsibility to ensure that your use of the Portal Materials and any other Confidential Information is appropriate to and permitted in your specific jurisdiction and Kobo shall have no liability thereto.
Except as otherwise permitted in this Agreement, all Training Materials and any other confidential or proprietary Kobo information made available to you by Kobo via the Portal shall be deemed to be of a confidential nature (all materials collectively, "Confidential Information"). You agree that you will not disclose the Confidential Information to any person, other than employees of your company whose duties justify their need to know the Confidential Information.
Kobo and related words, domain names and logos are trade-marks and the property of Kobo. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners. The Training Materials are protected by applicable trademark, copyright and other intellectual property laws. Kobo retains all right, title, and interest in and to the Training Materials.
YOU EXPRESSLY AGREE THAT USE OF THE PORTAL IS AT YOUR SOLE RISK. NEITHER KOBO, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PORTAL WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PORTAL, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE PORTAL.
THE PORTAL IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL KOBO, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PORTAL OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PORTAL. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE PORTAL. 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 KOBO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS PORTAL.
THE ABOVE DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Kobo controls the Portal from its offices within the Province of Ontario, Canada. The Portal can be accessed from all provinces and territories of Canada and from other countries around the world. As each of these jurisdictions have laws that may differ from those of the Province of Ontario, by accessing the Portal, you agree that all matters relating to access to, or use of, the Portal, or any other hyperlinked website, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You also agree and hereby submit to the non-exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledge that you do so voluntarily and are responsible for complying with all local laws.