We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and products thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
The information contained on the Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
The information contained herein is subject to change without notice and is not warranted to be error-free. If you find any errors, please report them to us in writing. If you choose to use our website, ModLink, courses, services, or products, you do so at your sole risk. Our website and content are provided ‘as is,’ ‘as available,’ and ‘with all faults’ without warranty of any kind, either express or implied. You assume the risk of any and all damage or loss from the use of, or inability to use, our services, including but not limited to physical injury or death as well as damages to personal property. Without limiting the foregoing, with respect to the website, and/or the products, the company explicitly disclaims any warranties of merchantability, accuracy, security, fitness for a particular purpose, quiet enjoyment, quiet title, non-infringement, and any warranties arising out of course of dealing or usage of trade. The company makes no warranty that the website, information, materials, documents, programs, products, books, and/or content will meet your needs, expectations, be to your satisfaction, or be available on an uninterrupted, secure, or error-free, bug-free, or malware-free basis. The company makes no warranty regarding the quality of our website, information, materials, documents, programs, products, books, and/or content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the website. No advice or information, whether oral or written, obtained from the company or through the website, materials, documents, programs, products, books, and/or content, will create any warranty not expressly made herein.
To the maximum extent permitted by applicable law, YOU ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS, HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, AND DISCHARGE all claims, actions, demands, suits, or proceedings (“Claims”) against COMPANY and our AFFILIATES, including any and all liability for damages (actual and or consequential), costs, and expenses (including litigation costs and attorneys’ fees) of every kind and nature, INCLUDING BUT NOT LIMITED TO CLAIMS RELATING TO, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, arising from or in any way related to: (A) THE WEBSITE AND PRODUCTS, (B) THESE TERMS OF USE, (C) YOUR DEVICE, (D) CONTENT AVAILABLE ON OUR WEBSITE, (E) any inaccuracy, untimeliness, or incompleteness of a USER’S representations OR WARRANTIES, and/or (F) any inaccuracy, untimeliness, or incompleteness of ANY AND ALL information and/or CONTENT obtained or accessed by or through the WEBSITE. FURTHER, if YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You understand that any fact relating to any matter covered by THIS AGREEMENT may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights which you may have had under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
You agree to absolve the company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of the use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for the use of this website. The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes on the website at any time. The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company 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 website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Arlington, Virginia. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
The Service is controlled, operated, and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. More information is included in our Privacy Policy.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of the Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of the Terms of Use or use of the Website. The Company’s performance of the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this Terms of Use 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 Terms of Use shall continue in effect.
Unless otherwise specified herein, this Terms of Use, along with the Privacy Policy, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Company with respect to the Website. A printed version of the Terms of Use and Privacy Policy, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that the Terms of Use and all related documents be written in English.
The Company reserves the right, in its sole discretion, to change the Terms of Use under which the Website is offered. The most current version of the Terms of Use will supersede all previous versions. The Company encourages you to periodically review the Terms of Use to stay informed of our updates.