TERMS AND CONDITIONS OF USE
The following Terms and Conditions of Use govern your use of the Global Training Center Web site (the "Site") offered to you by YARDSTICK TESTING AND TRAINING. Your use of the Site constitutes your acceptance of and your agreement to follow and be bound by these Terms and Conditions of Use without modification. YARDSTICK TESTING AND TRAINING requests that you carefully read the Terms and Conditions of Use provided below before using the Site. If these Terms and Conditions of Use are not acceptable to you for any reason, you must exit immediately and discontinue using the Site.
ProExam’s License to You to Use the Site
YARDSTICK TESTING AND TRAINING grants you permission to view and use the Site and all information, materials and content made available to you on the Site and to print individual pages from the Site subject to the restrictions set forth below. The Site and its contents are for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. This is a license only and not a transfer of title. Without the prior written consent of YARDSTICK TESTING AND TRAINING, you may not (a) modify the content of the Site for any purpose, (b) decompile, reverse engineer or disassemble software materials, (c) remove any copyright notice or other proprietary notices from the content of the Site, (d) transfer the content of the Site to another person or (e) allow any one else to copy any portion of the content of the Site.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you represent and warrant to YARDSTICK TESTING AND TRAINING that you will not use the Site or any of the content of the Site for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. Materials provided on the Site are provided as a service to YARDSTICK TESTING AND TRAINING customers to be used for informational purposes only. YARDSTICK TESTING AND TRAINING makes no representations about the suitability of such materials for any purpose.
Changes to the Site and Terms and Conditions of Use
YARDSTICK TESTING AND TRAINING reserves the right to change, move or delete portions of or add to the Site and these Terms and Conditions of Use from time to time without prior notice to you. Your use of the Site following any such changes constitutes your agreement to follow and to be bound by such terms as changed. For that reason, YARDSTICK TESTING AND TRAINING recommends that you read these Terms and Conditions of Use each time you visit the Site.
Links to Other Sites
The Site may contain links to other Sites so that you may learn more about the products available at YARDSTICK TESTING AND TRAINING and other matters that YARDSTICK TESTING AND TRAINING feels may be of interest to you as a YARDSTICK TESTING AND TRAINING customer. YARDSTICK TESTING AND TRAINING is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by YARDSTICK TESTING AND TRAINING of the site or any association with its operators. While YARDSTICK TESTING AND TRAINING will make every effort to ensure that these Sites will meet your approval, YARDSTICK TESTING AND TRAINING does not have control over, and is in no manner responsible or liable for, the availability and content of the Sites to which the Site is linked. YARDSTICK TESTING AND TRAINING is not responsible for webcasting or any other form of transmission received from any linked Site. Any concerns regarding any product or service offered by a Site to which the Site is linked or the link itself should be directed to the operator of that specific Site and not to YARDSTICK TESTING AND TRAINING.
YARDSTICK TESTING AND TRAINING Owns the Contents of the Site
Unless otherwise noted, all information, trademarks, copyrighted material, trade dress, images, illustrations, designs, icons, photographs, video clips, software, content, specifications, catalogs, literature, technical papers, advertisements, and other materials on the Site, except proprietary material contained in Sites linked to the Site ("YARDSTICK TESTING AND TRAINING Proprietary Material") is the exclusive property of YARDSTICK TESTING AND TRAINING. YARDSTICK TESTING AND TRAINING Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms and Conditions of Use, YARDSTICK TESTING AND TRAINING grants no express or implied right to use any YARDSTICK TESTING AND TRAINING Proprietary Material.
YARDSTICK TESTING AND TRAINING Owns Information, Suggestions, Ideas, etc. that You Submit
Any comments, suggestions, ideas or other submissions that you provide to YARDSTICK TESTING AND TRAINING by using the Site or which are otherwise provided to YARDSTICK TESTING AND TRAINING in connection with your use of the Site will become YARDSTICK TESTING AND TRAINING's property and may be used by YARDSTICK TESTING AND TRAINING. The act of providing any such suggestion, ideas, feedback, or materials constitutes an assignment to YARDSTICK TESTING AND TRAINING of all worldwide right, title and interest, including copyright and other intellectual property rights, in and to the material and information you provide to YARDSTICK TESTING AND TRAINING. YARDSTICK TESTING AND TRAINING will be under no obligation whatsoever to use, respond to or pay any compensation with respect to any idea, submission or suggestion provided by you and may remove or delete any such idea, suggestion or submission at any time in YARDSTICK TESTING AND TRAINING's sole discretion. No information, material, or comment provided to YARDSTICK TESTING AND TRAINING by you through the Site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By providing any comment, suggestion, idea or other submission to YARDSTICK TESTING AND TRAINING, you represent and warrant that you own or otherwise control all of the rights to such comments, suggestions, ideas or submissions including, without limitation, all the rights necessary for you to provide the such comments, suggestions, ideas or submissions to YARDSTICK TESTING AND TRAINING and for YARDSTICK TESTING AND TRAINING to use, copy, reproduce, modify, create derivative works from, transfer, distribute, perform, publish, license or sell the same.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. YARDSTICK TESTING AND TRAINING AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SITE FOR ANY PURPOSE. ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YARDSTICK TESTING AND TRAINING AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL YARDSTICK TESTING AND TRAINING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE OF DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF YARDSTICK TESTING AND TRAINING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YARDSTICK TESTING AND TRAINING STRIVES TO ENSURE ACCURACY OF OUR EXAM QUESTIONS, HOWEVER MAKES NO WARRANTIES OF ACCURACY. IF YOU ARE AWARE OF ERRORS IN OUR QUESTION DATABASE, PLEASE CONTACT US IMMEDIATELY AT errors@YARDSTICK TESTING AND TRAINING.com
Copyrights and Trademarks
All contents of the Site are: Copyright © YARDSTICK TESTING AND TRAINING and/or its subsidiaries, affiliates or suppliers. All rights reserved. All rights not expressly granted herein are reserved by YARDSTICK TESTING AND TRAINING and/or its suppliers.
Indemnification by You
By using the Site, you agree to indemnify, defend and hold harmless YARDSTICK TESTING AND TRAINING, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to your use of the Site or the material provided therein and any breach by you of these Terms and Conditions of Use.
YARDSTICK TESTING AND TRAINING reserves the right, in its sole discretion, to terminate your access to any or all of the Site and the related services or any portion thereof at any time, without notice.
The Site is controlled and operated by YARDSTICK TESTING AND TRAINING from its offices at Edmonton, Alberta, CANADA. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and YARDSTICK TESTING AND TRAINING with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and YARDSTICK TESTING AND TRAINING with respect to the Site. In the event that any of these Terms and Conditions of Use conflict with the any other terms and guidelines contained within the Site, then these Terms and Conditions of Use shall control.
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