95 Percent Group Inc. 
Terms of Use Agreement

Read This Agreement Before Accessing Website.   
This Terms of Use Agreement (the “Terms of Use” or this “Agreement”) governs your use of all 95 Percent Group Inc. websites, including, without limitation,www.95percentgroup.com, my.95percentgroup.com, training.95percentgroup.com, 95percentgroup.learn.com, 95percentgroup.inquisiq.com, and store.95percentgroup.com, together herein referred to as the “websites” or Services (the “Services”), and the use of all online learning courses and workshops, forms, documents, information, software, graphics, artwork, and any other online content, materials and resources available through the Services (collectively, the “Content”).  Certain websites and Services may be accessible without restriction, subject to the terms of this Agreement.  Other websites or Services are for use by validly authorized users who have either individually or through an organization, paid the fees, if any, or purchased and registered the products, if applicable, required for access. By using this 95 Percent Group Inc. website or any affiliated website, you (the “User”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice.  Modifications shall become effective immediately upon being posted to this website.  You are responsible to view these Terms of Use regularly.  Your continued use of the Services or the Content after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 

1. Description of Service and Restrictions on Use
95 Percent Group Inc. is providing User with access to the Services via the Internet. User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for User’s access to the Internet, and (3) pay any fees related to such connection.  Connections with less than broadband speed will likely experience unsatisfactory playback of video.  You are granted a nonexclusive, nontransferable, personal, revocable, limited license to access and use the Service and/or certain Content for your internal use only as from time to time made available to you. The Services or certain Content may be subject to additional terms and conditions. This license does not cover any use by you of the foregoing Services or Content for the providing or offering of any product or services to others. 95 Percent Group may terminate this license at any time for any reason. This license terminates automatically, without notice to you, if you breach any of these Terms of Use. Except as specifically authorized in these Terms of Use, you may not modify, print, copy, distribute, re-distribute, transmit, display, store, reproduce, publish, license, sell, create derivative works from, transfer, broadcast in any media, post or frame, or redistribute in any way the website(s), the Services or the Content unless expressly authorized by this Agreement, the express provisions on this website, a separate written agreement signed by you and 95 Percent Group, or applicable law. All right, title and interest (including all copyright rights and other intellectual property rights) in the Content (in both print and machine-readable forms) and any derivative works based thereon belong to the 95 Percent Group. You acquire no proprietary interest in the Content, or copies or derivative works thereof. 

Restrictions.   User will not (and will not knowingly permit any third party to) have access or create derivative works from any Content, including online courses.  User shall not: (i) allow any non-authorized user to access the website, Services or Content; (ii) share user ID’s, passwords or other log-on credentials with any non-authorized person or organization, (iii) rent, lease, resell, or otherwise distribute the Content or any portion thereof; or (iv) use the Content to develop or modify computer software applications or perform other programming tasks on behalf of yourself or any third party.  You may not remove or obscure the copyright notice or other notices contained in any Content.  You agree to use this website and the Content only for your internal or informational purposes or as specifically authorized in this Agreement and elsewhere on this website. Use for any other purpose is prohibited. The website is not to be used to provide information processing services, time-sharing or service bureau-type services to any third party. You may not use the Content retrieved from the website(s) or Services in any fashion that infringes copyright or proprietary interests therein, including any patent, trade secret, trademark, or similar intellectual property right. 95 Percent Group may seek any available legal remedy or take any reasonable business steps to prevent the unauthorized use of, or access to, the Services, and to prevent access to users who violate these Terms of Use. 95 Percent Group’s remedies include the right to seek equitable relief. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Services and the Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the website or the Content without 95 Percent Group's prior written permission. You may not copy, download, perform, modify, edit, alter, enhance, reproduce, republish, distribute, re-distribute, display or transmit all or any portion of the Services or the Content in any manner, except to the extent expressly permitted by this Agreement. You may not use or otherwise export or re-export the Services or any portion thereof, the Content or any software available on or through the Services in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Services and the Content is prohibited. 

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.  

4. Indemnification 
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
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Users to review said privacy policies of third-parties’ 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: dhall@95percentgroup.com 

13. Botnets
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 
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by 95 Percent Group Inc., in our sole discretion, to a third party in the event of a merger or acquisition.  This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a user. 95 Percent Group reserves the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. You acknowledge that 95 Percent Group will have the right to report to law enforcement authorities any action that may be considered illegal, as well as any reports it receives of such conduct. When requested, 95 Percent Group will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity.  95 Percent Group reserves the right to seek all remedies at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to its websites, their features and the Services and Content. 

User agrees that by accepting this Terms of Use Agreement, User is consenting to the use and, under certain circumstances, disclosure of their personally identifiable information, and to other practices described in our Privacy Policy Statement, which may be found online here.