Read This Agreement Before Accessing Website.
1. Description of Service and Restrictions on Use
2. Disclaimer of Warranties.
THE SERVICES ARE PROVIDED BY 95 PERCENT GROUP INC. ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 95 PERCENT GROUP INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. 95 PERCENT GROUP INC. SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE SERVICES. 95 PERCENT GROUP INC. DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE IN SUCH JURISDICTIONS. 95 PERCENT GROUP DOES NOT WARRANT THAT (I) THE OPERATION OF THE SERVICES OR THE CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED; (II) DEFECTS WILL BE CORRECTED; (III) THE WEBSITE(S), THE SERVICES AND THE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS. 95 PERCENT GROUP MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE(S), THE SERVICE OR THE CONTENT, THAT THE RESULTS THAT MAY BE OBTAINED FROM SUCH USE WILL BE RELIABLE, OR THAT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS AND/OR OTHER DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE(S) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH MATERIAL OR DATA.
3. Limitation of Liability
95 PERCENT GROUP INC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR 95 PERCENT GROUP INC. SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE WEBSITE(S) OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF 95 PERCENT GROUP INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User agrees to indemnify and hold 95 Percent Group Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Services, the websites or the Content, the violation of this Agreement, or infringement by User, or other user of the Services, the websites or the Content using User’s computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
95 Percent Group Inc. reserves the right to modify or discontinue the websites, the Services or the Content with or without notice to the User. 95 Percent Group Inc. shall not be liable to User or any third party should 95 Percent Group Inc. exercise its right to modify or discontinue the Services. User acknowledges and accepts that 95 Percent Group Inc. does not guarantee continuous, uninterrupted or secure access to its websites and operation of our websites, the Services or the Content may be interfered with or adversely affected by numerous factors or circumstances outside of its control.
6. Third-Party Sites
7. Registration and Passwords
We may offer users the ability register for the Services, workshops, use of online Content or for other purposes. You agree to provide true, accurate, complete and current information about yourself when registering and to update the information as needed to keep it true, accurate, complete and current. You acknowledge that we reserve the right to refuse to grant you a username that is already in use, may be illegal, may be protected by trademark or other proprietary interest, is obscene or profane or otherwise determined by us, in our sole discretion, to be inappropriate. You agree to be responsible for all acts and omissions that occur in connection with your password. It is your responsibility to maintain the confidentiality of the password and you are responsible for all activities that occur under your user name and password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. We are not and will not be responsible for any loss or damage resulting from your failure to protect your username and password.
8. Interactive Sections of Website
Certain sections of the websites may allow you to ask questions, post information or to participate in online discussions. 95 Percent Group does not control the communications or information provided by users of these features. As a condition of your use of these interactive features, you agree not to:
• Upload, post, e-mail, transmit or otherwise make available any unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libelous, obscene, profane, pornographic or other inappropriate information of any kind, or any material that may constitute or encourage any illegal or improper act which might give rise to any civil liability or criminal offense, or otherwise violate any state, federal, local or international law.
• Upload, post, email, transmit, or otherwise make available any material which infringes the copyright, intellectual property rights or privacy rights of any other party without first obtaining permission from the owner of those rights.
• Share any confidential information which you do not have the right to share under any law or under any contractual or fiduciary relationships.
• Upload, post, email, transmit, or otherwise make available any material which contains a virus, code, file, program or other components designed to limit, interrupt, destroy or interfere with the functionality of any computer or telecommunications equipment or software.
• Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, whether commercial or otherwise.
All Content furnished by you or other users of the websites is solely the responsibility of the person furnishing the information. You understand that 95 Percent Group is not obligated to monitor any interactive sections of this website where users may post messages or supply information. However, 95 Percent Group reserves the right to modify, edit or remove any posting or other information, in whole or in part, at any time for any reason. 95 Percent Group further reserves the right to disclose any posting or other information provided by users if 95 Percent Group, in its sole discretion, believes such disclosure is reasonably necessary to comply with any law, regulation or court order or if the disclosure is necessary to protect the rights, property or safety of 95 Percent Group, its employees, its users or the public. 95 Percent Group assumes no responsibility for the accuracy, completeness, applicability, analysis, or timeliness of the information or for any loss or damage that may occur as a result of relying on information on this website.
9. Governing Jurisdiction of the Courts: Illinois
Our websites are operated and provided in the State of Illinois. As such, we are subject to the laws of the State of Illinois, and such laws will govern this Agreement, without giving effect to any choice of law rules. You agree that any action or proceeding arising out of or related to this Agreement shall be brought only in the Circuit Court of Cook County, Illinois or the United States District Court, Northern District of Illinois, Eastern Division, and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our websites you agree to do so subject to the internal laws of the State Illinois.
10. Compliance with Laws.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
11. Copyright and Trademark Information
All content included or available on the websites, including course content, viewable or downloadable documents, site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright © 2009-2010, 95 Percent Group Inc., with all rights reserved, or is the property of 95 Percent Group Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of 95 Percent Group Inc. is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of 95 Percent Group Inc. 95 Percent Group Inc® and its logo are proprietary marks of 95 Percent Group Inc. 95 Percent Group Inc.’s trademarks may not be used in connection with any product or service that is not provided by 95 Percent Group Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 95 Percent Group Inc. All other trademarks displayed on 95 Percent Group Inc.’s websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with 95 Percent Group Inc.
12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, 95 Percent Group Inc. designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail: 95 Percent Group Inc. 475 Half Day Road, Ste. 350, Lincolnshire, IL 60069 By Telephone: 847-499-8200 By Email: firstname.lastname@example.org
95 Percent Group Inc. retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, 95 Percent Group Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
14. Other Terms