Terms of Use
The Web site
located at www.maxqtc.com ("Site") is provided
by
Max Q Training Company, Inc.. Your access to and use of the Site is
governed by
this Subscriber Agreement ("Agreement"). As used in this Agreement,
"Max Q Training Company, Inc.," "we," "us'" or
"our" refers to Max Q
Training Company, Inc., and "you" or
"your" refers to you, the user of the
Site. The Agreement below is
the agreement you consented to upon
subscribing to the site. The Agreement does
not apply to use of the publicly
available Web Site maintained by Max Q
Training Company, Inc..
1. Access and Passwords
As
part of the
subscription process for this Site, you have selected or been
assigned a
particular username and password in accordance with Max Q
Training Company,
Inc.'s username and password guidelines. YOU AGREE
THAT YOU ARE THE
ONLY
INDIVIDUAL ENTITLED TO ACCESS
THE SITE USING YOUR USERNAME OR PASSWORD,
AND YOU
AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING
YOUR USERNAME OR
PASSWORD.
You agree that all actions taken
by you, or any other user that
accesses the
Site using your username and
password, at or through the Site will be
attributed to and legally bind you,
even with respect to acts for which
the
user had no actual authority or made
an error. You assume all resulting
liability from use of the Site and any services
available on it by you
or
others using your username or password. If you lose
your username or
password,
please contact us at:
support@maxqtc.com.
2. Subscription Fees and Payments
You
can always
find the current Subscription Fees posted on our site. Your
subscription will
continue and renew automatically, unless terminated by Max Q
Training
Company,
Inc. or until you notify Max Q Training Company, Inc. by
email or as
designated
on the Site of your decision to terminate your subscription.
If there
are any
annual, monthly, or similar periodic fees for your subscription,
these
fees
will be billed automatically to the credit card designated during the
registration process for the Site or subsequently designated by
you to
Max Q
Training Company, Inc., at the start of the annual, monthly, or
similar
period,
and at the start of each renewal period, unless you terminate
your
subscription
before the relevant period begins. You agree to pay or have paid
all
fees and
charges incurred in connection with your username and password
for the
Site
(including any applicable taxes) at the rates in effect when the
charges were
incurred. Max Q Training
Company, Inc.may change the fees and charges
then in effect, or add new fees
or
charges,by
giving you notice in advance.
All fees and charges incurred in
connection with
your Max Q Training Company, Inc.
username and password will rebilled
to the credit
card designated during
the registration process for the Site or
subsequently
designated by you to
Max Q Training Company, Inc.. If you want to
designate a
different card
or there is a change in credit card validity or
expiration date,
or if you believe
someone has accessed the Site using your username and
password without
your authorization, you may email us at
support@maxqtc.com.
You are also responsible for
any fees
or charges incurred to access the Site
through an Internet service
provider or other third party service. YOU, AND NOT
Max Q Training Company,
Inc., ARE
RESPONSIBLE FOR PAYING
ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A
THIRD PARTY
WHICH WERE NOT AUTHORIZED BY YOU.
3. Privacy
Our
Privacy Notice
is a part of this Agreement and its terms are incorporated
herein by
this
reference. Please read it now at the link on our site.
4. User Conduct
The
Site may
contain bulletin board services, news groups, forums, and/or
other
message or
communication facilities ("Communication Services") designed
to
enable you to communicate with others. You agree to use the
Communication
Services only to submit or post messages and material that are
proper
and, when
applicable, related to the particular Communication Service. You
are
also
prohibited from submitting to, posting or transmitting through Max Q
Training
Company, Inc. any unlawful, harmful, threatening, abusive, harassing,
defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially,
ethnically,
or otherwise objectionable material of any kind, including
but not
limited
to any material that encourages conduct that would constitute a
criminal
offense, give rise to civil liability, or otherwise violate
any
applicable local,
state, national, or international law. Content that
consists
of or contains
software viruses, political campaigning, commercial
solicitation, chain letters,
mass mailings, or any form of "spam" is
prohibited. You may not use a false
email or postal address,
impersonate any
person or entity, or otherwise
mislead as to the origin of your posted
content.
Any
opinions,
advice, statements, services, offers, or other information that
constitutes
part of the content expressed or made available by third
parties are
those of
the respective authors or distributors and not of
Max Q Training
Company, Inc.
nor its affiliates, not any of their officers,
directors, employees, or
agents.
You acknowledge that Max Q Training
Company, Inc. does not pre-screen
all
content, but that Max Q Training
Company, Inc. and its designees shall
have the
right (but not the obligation)
in their sole discretion to refuse or
move any
content that is made available
via the Communication Services. Without
limiting
the foregoing, Max Q
Training Company, Inc. and its designees shall
have the
right to remove
any content that violates this Agreement or is
otherwise
objectionable. You
specifically agree that Max Q Training Company, Inc.
is not
responsible for
any content sent using and/or included in the Site by
any third
party.
5. Copyright and Restrictions
This
Web site
contains proprietary material of Max Q Training Company, Inc.
(or
material that
other suppliers have licensed to Max Q Training Company, Inc.
for
their
use) which is protected by copyright and other laws respecting
proprietary
rights. Max Q Training Company, Inc. retains all rights in
the material
and
media, including (without limitation) all copyright and other
proprietary
rights worldwide in all media. You may not use Max Q
Training Company,
Inc.
except as expressly permitted under this
Agreement and under
redistribution of any portion of
the
products licensed herein is expressly prohibited.
End
users who are
duly authorized may Access Max Q Training Company,
Inc. for individual
use,
i.e., may view the information on screen; may
download small portions
of the
information to a computer disk for personal
convenience and later
reference;
and may print paper copies of small portions for
personal use only.
The
rights granted
here are an expansion of the rights granted under
the Copyright Act and
do not
include any rights to reproduce in its
entirety any portion of the
information
or materials contained therein.
No part of the information may be
duplicated in
any medium or format
beyond the express terms of this Agreement without
prior
written
authorization from Max Q Training Company, Inc.. Any use not
authorized
by the Agreement is prohibited and is not a fair use under the
You
acknowledge
that the information (and the licensed materials contained
therein) is
highly
proprietary in nature and that unauthorized copying,
transfer or use
may cause
Max Q Training Company, Inc. and/or Max Q
Training Company, Inc.’s
suppliers
irreparable injury that cannot be
adequately compensated for by means
of
monetary damages. You agree
that any breach of this provision by you,
or any
subscriber or end-user, may
be enforced by Max Q Training Company,
Inc., and/or
any of Max Q
Training Company, Inc.’s suppliers, by means of equitable
relief
(including,
but not limited to, injunctive relief) in addition to any
other
available rights and remedies.
You
agree that any
supplier of any portion of the licensed materials may
enforce its
rights
against you, even though that supplier is not a party to the Agreement.
You
may not and
may not permit others to: reproduce, publish, distribute,
sell, or
otherwise
access or use any material retrieved from or contained in
or on this
Site in
any manner whatsoever that may infringe any copyright
or proprietary
interest
of Max Q Training Company, Inc.; distribute the
information contained
in and/on
this Site to other users not duly authorized
to Access the Site;
distribute,
rent, sublicense, lease, transfer or assign
the information or
Agreement;
decompile, disassemble, or otherwise
reverse-engineer this Site or
information
contained in or on this Site or
any software contained therein, or
alter,
translate, modify, or adapt
it to create derivative works. Unauthorized
reproduction, transfer,
and/or use may be a violation of criminal as
well as
civil law.
You
are expressly
prohibited from placing or installing any portion of
the information on
any
electronic media, including, but not limited to, local
or wide area
networks,
timesharing services, multiple processing units,
multiple site
arrangements,
service or software rental bureaus, list servers,
online services,
electronic
bulletin boards or forums, World Wide Web
sites or any other server
that is
Internet-enabled, without written
authorization by Max Q Training
Company, Inc..
If
you breach any
provision of this Agreement, Max Q Training Company,
Inc. may
immediately
terminate this Agreement and all licenses granted
hereunder without
prior
notice and in addition to any other available rights and remedies
6. Limitations on Use
The
following
activities are prohibited. You agree not to:
a.
Use
Web-accelerated browsers or products (including but not limited to
NetJet,
NetSonic, MSIECrawler and Teleport-Pro), or other applications
that are
capable
of copying large portions of content from the Site. Max Q
Training
Company,
Inc. can detect the use of these systems through
live logfile analysis
and will
ban any future use by offenders.
b.
Use robots and
crawlers, or similar technology, without
following the robot guidelines
(found
at http://info.webcrawler.com/mak/projects/robots.html).
We are able to detect robots violating the guidelines and we will ban
any
offenders. If you are using a robot/crawler to check Max Q
Training
Company,
Inc. links, it must operate according to the robot
guidelines (see
above). Do
not leave new robots unattended and allow
a minimum of 1 minute between
automated requests.
c.
Use any device,
software or routine or the like to interfere or
attempt to interfere
with any
Site functionality;
d.
Take any action
that imposes an unreasonable or
disproportionately large load on the
Site
infrastructure;
e.
Use any email
addresses appearing on the Site for
purposes not relating specifically
to the
Site;
f.
Access the Site
by any means other than through the interface that is
provided by Max Q
Training Company, Inc., or attempt or access any
area of the Site to
which your
access is not authorized; or
g.
Reverse
engineer, reverse assemble or otherwise attempt to discover
any source
code
relating the Site, except to the extent that such activity
is expressly
permitted by applicable law notwithstanding this limitation.
7. Accuracy and Availability of Information
The
Site contains
database information and other content compiled
by Max Q Training
Company,
Inc.. While we use commercially reasonable
efforts to provide accurate
information, Max Q Training Company, Inc. gives
no warranty as to the
accuracy
of the database and other content on the
Site. Max Q Training Company,
Inc.
reserves the right to withdraw
or delete information or content from
the Site
at any time.
8. Links to Third Party Sites
Max
Q Training
Company, Inc. does not endorse the content on
any third-party Web site,
including Web sites of Max Q Training
Company, Inc.'s affiliates
("Third-Party Sites"). Max Q Training Company, Inc.
is not
responsible for the content of Third-Party Sites that you reach through
links
on the Site, sites framed within the Site, or third-party
advertisements
on the
Site, and we do not make any representations regarding their
content or
accuracy. Your use of Third-Party Sites is at your own risk
and subject
to the
terms and conditions of use for such sites. Any transaction
that you
conduct at
a Third-Party site will be between you and the
party providing that Web
site.
This means that Max Q Training Company,
Inc. is not your agent and is
not a
party to any transaction at a Third-Party Site.
9. Representations and Warranties
You
represent and
warrant to Max Q Training Company, Inc. that: (a) you
possess the legal
right
and ability to enter into this Agreement; (b) all
information submitted
by you
to the Site is true and accurate; (c) you will
be responsible for all
use of
your username and password even if such
use was conducted without your
authority or permission; (d) you are
at least 18 years old; and (e) you
will
not use the Site for any
purpose that is unlawful or prohibited by this
Agreement.
10. Disclaimer of Warranties
ALL
CONTENT,
SOFTWARE, AND OTHER SERVICES PROVIDED
AT OR FOUND WITHIN THIS SITE BY
Max Q
Training Company, Inc.
AND ITS AFFILIATES ARE PROVIDED "AS IS" AND
"WITH ALL
FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND Max Q
Training
Company, Inc. AND ITS AFFILIATES HEREBY DISCLAIM
ALL WARRANTIES,
EXPRESS,
IMPLIED, OR STATUTORY,
INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES
OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND
NONINFRINGEMENT.
SPECIFICALLY, BUT WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, Max
Q
Training Company, Inc. DOES NOT MAKE ANY WARRANTIES
REGARDING THE
FOLLOWING:
(a) AVAILABILITY OF THE SITE
AT ANY PARTICULAR TIME; (b) ACCURACY OF
THE
CONTENT
OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE
SITE; (c)
TRANSMISSIONS TO, FROM OR WITHIN THE SITE;
(d) FUNCTIONALITY; (e) LACK
OF
VIRUSES; (f) COMPLIANCE
OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED
UNDER
THIS AGREEMENT WITH UNITED STATES, FEDERAL
OR STATE LAWS; OR (g) THAT
THE
SOFTWARE, CONTENT OR
SERVICES CONTAINED IN THE SITE WILL MEET ANY
PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of Damages
IN
NO EVENT WILL
Max Q Training Company, Inc. OR ANY OF ITS
AFFILIATES BE LIABLE FOR ANY
CONSEQUENTIAL,
INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER,
INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION,
LOSS OF
OR UNAUTHORIZED
ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE
EVENT
OF
FAULT, TORT, BREACH OF CONTRACT, OR BREACH
OF WARRANTY, AND EVEN IF Max
Q
Training Company, Inc. HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
12. Limitation of Liability; Exclusive Remedy
ALSO,
IN NO EVENT
WILL Max Q Training Company, Inc. OR ANY
OF ITS AFFILIATES BE LIABLE TO
YOU
AND/OR ANY AGENCY
FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT
ACTUALLY
RECEIVED BY Max Q Training Company, Inc. FROM
YOU FOR ACCESS TO THE
SITE AND
ANY OF THE SERVICES
AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR
CLAIM.
13. Indemnity
You
agree to
indemnify and hold us harmless, and pay our attorney's
fees and costs,
if we
become liable for or incur any damages in connection
with your breach
of this
Agreement. You may not settle any dispute without
our prior consent,
which may
only be given in a non-electronic writing signed
by an authorized
representative of Max Q Training Company, Inc..
14. Consent to Electronic Notices and Other
Communications
You
agree that all
of your transactions relating to the Site may, at our option,
be
conducted
electronically, including any that we are otherwise required
to provide
in
"writing". For example, we may send you notices via postings
at the
Site or via email to any email address that you provide to us during
registration as a Site member. If you do not wish to deal with us
electronically,
you should not use the Site or enter into this
Agreement. If
applicable
law now or later requires us to communicate with you
non-electronically,
we reserve the right to charge a fee for doing so.
Notice
will be deemed
given 24 hours after the email is sent, unless (for
email) we
are notified
that the email address is invalid. Alternatively, we may
give you
notice
by mail to the address provided during registration.
15. Print a Copy for Your Records
You
agree to print
or make an electronic copy of this Agreement (and any
amendment from
time to
time) and retain it in your records. You also agree
to make a copy of
any other
information that we deliver to you in writing.
15. Governing Law
This policy and the use of this Site are
governed by Washington State law. If a dispute
arises under this Policy we agree to first try to resolve it with
the help of a mutually
agreed-upon mediator in the following location: City of Spokane,
Spokane County,
State of Washington. Any costs and fees other than attorney fees
associated with
the mediation will be shared equally by each of us.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation,
we agree to submit the dispute to binding arbitration at the
following location:
City of Spokane, Spokane County, State of Washington, under the
rules of the American
Arbitration Association. Judgment upon the award rendered by the
arbitration may be
entered in any court with jurisdiction to do so.
Max Q Training Company, Inc. is
controlled, operated and administered entirely within
Washington. This statement and the policies outlined herein are
not intended to and do not
create any contractual or other legal rights in or on behalf of
any party.