Terms of Use
These Terms of Use ("Terms") govern your use of DQM's website, apps, course materials, and other products and services ("Services"). By signing into this system you signify that you accept and agree to be bound by the following Terms, including the Acceptable Use Policy defining how you use the system (DQMatters.com and DQMatters.Talentlms.com, referred to herein as DQM). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates.
Use of our Services
When you create your DQM account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
License to You
Subject to these Terms and our Acceptable Use Policy, we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain DQM's written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
User Content
You retain all intellectual property rights in any content you create and post to the course site (“User Content”). To the extent that you provide User Content, you grant DQM a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. DQM reserves the right to remove or modify User Content for any reason.
Course Modifications
DQM reserves the right to cancel, interrupt, or reschedule any course or to modify any course content. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.
Disclaimers
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DQM AND ITS OFFICERS, DIRECTORS, PARTNERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AND AGENTS (“THE DQM PARTIES”) SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE DQM PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DQM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE DQM PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL DQM'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY DQM FROM YOU FOR THE USE OF SERVICES DURING THE PAST SIX MONTHS.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE DQM PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO DQM'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnification
You agree to indemnify, defend, and hold harmless the DQM Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; or (b) your violation of any law or rights of any third party.
Governing Law and Arbitration
You agree that any dispute related to these Terms will be governed by the laws of the State of California, excluding its conflicts of law provisions.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association before a single arbitrator in accordance with its Consumer Arbitration Rules in Los Angeles, California, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
Severability; Waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Acceptable Use Policy
You are prohibited from using our Services to:
• Do anything that violates local, state, national or international law, or breaches any of your contractual obligations.
• Share your username and password, let anyone access your account, or do anything that might put your account at risk.
• Attempt to access any other user's account.
• Reproduce, transfer, sell, resell, transmit, display, or otherwise misuse any content from our Services or your login credentials.
• Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
• Try to reverse engineer any portion of our Services.
• Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
• Make excessive use of system resources that detract from any other user’s experience
• Use our Services to distribute malware.
• Impersonate or misrepresent your affiliation with any person or entity.
• Infringe on any other user’s privacy or intimidate or harass them.
• Engage in activity that does not respect DQM, its resources, users or employees.
• Post or distribute illegal content or engage in illegal activities.
• Violate intellectual property, privacy, or other rights. Do not post or distribute content that you do not have the right to use, or otherwise infringe someone else’s intellectual property rights.
• Encourage or help anyone do any of the things on this list.