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Terms Of Use &
Service
IMPORTANT! THESE TERMS OF
SERVICE (TOS) GOVERN YOUR USE OF THIS SITE,
WHICH IS PROVIDED BY OUR COMPANY. BY
ACCESSING THIS SITE, YOU ARE INDICATING
YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE
TERMS OF USE. THESE TERMS OF USE ARE
SUBJECT TO CHANGE BY OUR COMPANY AT ANY
TIME IN ITS DISCRETION. YOUR USE OF
THIS SITE AFTER SUCH CHANGES ARE
IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT
AND ACCEPTANCE OF THE CHANGES. PLEASE
CONSULT THESE TERMS OF USE
REGULARLY.
Access To This
Site
YOU MUST BE EIGHTEEN (18) YEARS
OR OLDER TO ACCESS THIS WEB SITE. IF YOU
ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE
NOT PERMITTED TO ACCESS THIS WEB SITE FOR
ANY REASON. DUE TO THE AGE
RESTRICTIONS FOR USE OF THIS WEB SITE, NO
INFORMATION OBTAINED BY THIS WEB SITE,
FALLS WITHIN THE CHILD ONLINE PRIVACY ACT
(COPA) AND IS NOT MONITORED AS DOING
SO.
To access this site or some of the
resources it has to offer, you may be asked
to provide certain registration details or
other information. It is a condition
of your use of this site that all the
information you provide on this site will
be correct, current, and complete. If
our Company believes the
information you provide is not correct,
current, or complete, we have the right to
refuse you access to this site or any of
its resources, and to terminate or suspend
your access at any time, without
notice.
Restrictions On
Use
You may use this site for purposes
expressly permitted by this site. You
may not use this site for any other
purpose, including any commercial purpose,
without our Company's express
prior written consent. For example,
you may not (and may not authorize any
other party to) (i) co-brand this
site, or (ii) frame this site, or (iii)
hyper-link to this site, without the
express prior written permission of an
authorized representative of our
Company. For purposes of
these Terms of Use, "co-branding" means to
display a name, logo, trademark, or other
means of attribution or identification of
any party in such a manner as is reasonably
likely to give a user the impression that
such other party has the right to display,
publish, or distribute this site or content
accessible within this site. You
agree to cooperate with our
Company in causing any
unauthorized co-branding, framing or
hyper-linking immediately to cease.
Proprietary
Information
The material and content (hereinafter
referred to as the "Content") accessible
from this site, and any other World Wide
Web site owned, operated, licensed, or
controlled by our Company is the
proprietary information of our
Company or the party that provided
the Content to our Company, and
our Company or the party that
provided the Content to our
Company retains all right, title,
and interest in the Content.
Accordingly, the Content may not be copied,
distributed, republished, uploaded, posted,
or transmitted in any way without the prior
written consent of our Company, or
unless authorized in writing elsewhere on
our site, except that you may print out a
copy of the Content solely for your
personal use. In doing so, you may
not remove or alter, or cause to be removed
or altered, any copyright, trademark, trade
name, service mark, or any other
proprietary notice or legend appearing on
any of the Content. Modification or
use of the Content except as expressly
provided in these Terms of Use violates our
Company's intellectual property
rights. Neither title nor
intellectual property rights are
transferred to you by access to this
site.
Hyper-Links
This site may be hyper-linked to other
sites which are not maintained by, or
related to, our Company.
Hyper-links to such sites are provided as a
service to users and are not sponsored by
or affiliated with this site or our
Company. Our
Company has not reviewed any or
all of such sites and is not responsible
for the content of those sites.
Hyper-links are to be accessed at the
user's own risk, and our Company
makes no representations or warranties
about the content, completeness or accuracy
of these hyper-links or the sites
hyper-linked to this site. Further,
the inclusion of any hyper-link to a
third-party site does not necessarily imply
endorsement by our Company of that
site.
Submissions
You hereby grant to our Company
the royalty-free, perpetual, irrevocable,
worldwide, non-exclusive right and license
to use, reproduce, modify, adapt, publish,
translate, create derivative works from,
distribute, perform, and display all
content, remarks, suggestions, ideas,
graphics, or other information communicated
to our Company through this site
(together, hereinafter known as the
"Submission"), and to incorporate any
Submission in other works in any form,
media, or technology now known or later
developed. Our Company will
not be required to treat any Submission as
confidential, and may use any Submission in
its business (including without limitation,
for products or advertising) without
incurring any liability for royalties or
any other consideration of any kind, and
will not incur any liability as a result of
any similarities that may appear in future
Company operations.
Our Company will treat any
personal information that you submit
through this site in accordance with its
Privacy Policy as set forth on this
site.
Disclaimer
You understand that our Company
cannot and does not guarantee or warrant
that files available for downloading from
the Internet will be free of viruses,
worms, Trojan horses or other code that may
manifest contaminating or destructive
properties. You are responsible for
implementing sufficient procedures and
checkpoints to satisfy your particular
requirements for accuracy of data input and
output, and for maintaining a means
external to this site for the
reconstruction of any lost data. Our
Company does not assume any
responsibility or risk for your use of the
Internet.
The Content is not necessarily complete
and up-to-date and should not be used to
replace any written reports, statements, or
notices provided by Company.
Investors, borrowers, and other persons
should use the Content in the same manner
as any other educational medium and should
not rely on the Content to the exclusion of
their own professional judgment.
Information obtained by using this site is
not exhaustive and does not cover all
issues, topics, or facts that may be
relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR
OWN RISK. The Content is provided “as
is” and without warranties of any kind,
either expressed or implied. Our
Company disclaims all warranties, including
any implied warranties of merchantability,
fitness for a particular purpose, TITLE, OR
NON-INFRINGEMENT. Our
Company does not warrant that the
functions OR CONTENT contained in this site
will be uninterrupted or error-free, that
defects will be corrected, or that this
site or the server that makes it available
are free of viruses or other harmful
components. Our Company does
not warrant or make any representation
regarding use, or the result of use, of the
content in terms of accuracy, reliability,
or otherwise. The content may include
technical inaccuracies or typographical
errors, and Company may make
changes or improvements at any time.
You, and not our Company, assume
the entire cost of all necessary servicing,
repair or correction IN THE EVENT OF ANY
LOSS OR DAMAGE ARISING FROM THE USE OF THIS
SITE OR ITS CONTENT. Our
COMPANY MAKES NO WARRANTIES THAT
YOUR USE OF THE CONTENT WILL NOT INFRINGE
THE RIGHTS OF OTHERS AND ASSUMES NO
LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN SUCH CONTENT.
All of the information in this site,
whether historical in nature or
forward-looking, speaks only as of the date
the information is posted on this site, and
Company does not undertake any
obligation to update such information after
it is posted or to remove such information
from this site if it is not, or is no
longer, accurate or complete.
Limitation On
Liability
COMPANY, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS WILL NOT BE LIABLE
FOR ANY INCIDENTAL, DIRECT, INDIRECT,
PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS
OF REVENUE OR INCOME, PAIN AND SUFFERING,
EMOTIONAL DISTRESS, OR SIMILAR DAMAGES,
EVEN IF COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL THE COLLECTIVE LIABILITY OF
COMPANY AND ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS, TO ANY PARTY (REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT, TORT,
OR OTHERWISE) EXCEED THE GREATER OF $100 OR
THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE
APPLICABLE CONTENT, PRODUCT OR SERVICE OUT
OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold
Company, its subsidiaries,
affiliates, licensors, content providers,
service providers, employees, agents,
officers, directors, and contractors
(hereinafter known as the "Indemnified
Parties") harmless from any breach of these
Terms of Use by you, including any use of
Content other than as expressly authorized
in these Terms of Use. You agree that
the Indemnified Parties will have no
liability in connection with any such
breach or unauthorized use, and you agree
to indemnify any and all resulting loss,
damages, judgments, awards, costs,
expenses, and attorney's fees of the
Indemnified Parties in connection
therewith. You will also indemnify
and hold the Indemnified Parties harmless
from and against any claims brought by
third parties arising out of your use of
the information accessed from this
site.
Trademarks
Trademarks, service marks, and logos
appearing in this site are the property of
Company or the party that provided
the trademarks, service marks, and logos to
Company. Company
and any party that provided trademarks,
service marks, and logos to
Company retain all rights with
respect to any of their respective
trademarks, service marks, and logos
appearing in this site.
Information You
Provide
You may not post, send, submit, publish,
or transmit in connection with this site
any material that:
- you do not have the right to post,
including proprietary material of any
third party;
- advocates illegal activity or
discusses an intent to commit an
illegal act;
- is vulgar, obscene, pornographic,
or indecent;
- does not pertain directly to this
site;
- threatens or abuses others, libels,
defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive,
harassing, threatening or
offensive;
- seeks to exploit or harm children
by exposing them to inappropriate
content, asking for personally
identifiable details or otherwise;
- infringes any intellectual property
or other right of any entity or person,
including violating anyone’s copyrights
or trademarks or their rights of
publicity;
- violates any law or may be
considered to violate any law;
- impersonates or misrepresents your
connection to any other entity or
person or otherwise manipulates headers
or identifiers to disguise the origin
of the content;
- advertises any commercial endeavor
(e.g., offering for sale products or
services) or otherwise engages in any
commercial activity (e.g., conducting
raffles or contests, displaying
sponsorship banners, and/or soliciting
goods or services) except as may be
specifically authorized on this
site;
- solicits funds, advertisers or
sponsors;
- includes programs which contain
viruses, worms and/or Trojan horses or
any other computer code, files or
programs designed to interrupt, destroy
or limit the functionality of any
computer software or hardware or
telecommunications;
- disrupts the normal flow of
dialogue, causes a screen to scroll
faster than other users are able to
type, or otherwise act in a way which
affects the ability of other people to
engage in real time activities via this
site;
- includes MP3 format files;
- amounts to a 'pyramid' or similar
scheme;
- disobeys any policy or regulations
established from time to time regarding
use of this site or any networks
connected to this site; or
- contains hyper-links to other sites
that contain content that falls within
the descriptions set forth above.
Although under no obligation to do so,
our Company reserves the right to
monitor use of this site to determine
compliance with these Terms of Use, as well
the right to remove or refuse any
information for any reason.
Notwithstanding these rights, you remain
solely responsible for the content of your
submissions. You acknowledge and
agree that neither Company nor any
third party that provides Content to
Company will assume or have any
liability for any action or inaction by
Company or such third party with
respect to any submission.
Security
Any passwords used for this site are for
individual use only. You will be
responsible for the security of your
password (if any). Company
will be entitled to monitor your password
and, at its discretion, require you to
change it. If you use a password that
Company considers insecure,
Company will be entitled to
require the password to be changed and/or
terminate your account.
You are prohibited from using any
services or facilities provided in
connection with this site to compromise
security or tamper with system resources
and/or accounts. The use or distribution of
tools designed for compromising security
(e.g., password guessing programs, cracking
tools or network probing tools) is strictly
prohibited. If you become involved in any
violation of system security,
Company reserves the right to
release your details to system
administrators at other sites in order to
assist them in resolving security
incidents. Company reserves
the right to investigate suspected
violations of these Terms of Use.
Company reserves the right to
fully cooperate with any law enforcement
authorities or court order requesting or
directing Company to disclose the
identity of anyone posting any e-mail
messages, or publishing or otherwise making
available any materials that are believed
to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU
WAIVE AND HOLD HARMLESS COMPANY FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY
COMPANY DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER [COMPANY] OR LAW ENFORCEMENT
AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and
interpreted pursuant to the laws of Nevada,
United States of America, not withstanding
any principles of conflicts of law.
You specifically consent to personal
jurisdiction in Nevada connection with any
dispute between you and Company
arising out of these Terms of Use or
pertaining to the subject matter
hereof. The parties to these Terms of
Use each agree that the exclusive venue for
any dispute between the parties arising out
of these Terms of Use or pertaining to the
subject matter of these Terms of Use will
be in the state and federal courts in
Henderson, Nevada. If any part of
these Terms of Use is unlawful, void or
unenforceable, that part will be deemed
severable and will not affect the validity
and enforceability of any remaining
provisions. These Terms of Use constitute
the entire agreement among the parties
relating to this subject matter.
Notwithstanding the foregoing, any
additional terms and conditions on this
site will govern the items to which they
pertain. Company may revise
these Terms of Use at any time by updating
this posting.
© 2006-2009 MASS
Training, LLC
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