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Terms and Conditions
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This page states the "Terms and Conditions" under which you may use this web
site and service. Please read this page carefully. If you do not accept the Terms and
Conditions stated here, do not use this web site and service. By using this web site
and service, you are indicating your acceptance to be bound by the terms of these Terms
and Conditions. In addition, you must accept any guidelines and/or additional terms applicable to your
status as a Reqwired user and/or user of a particular part of this web site. Such guidelines and/or additional terms
are or will be posted on relevant parts of the web site. Reqwired, Inc. (the "Company")
may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review
the Terms and Conditions because they are binding.
The terms "you" and "user" as used herein refer to all individuals and/or
entities accessing this web site for any reason. The term "Web Site" as used herein
refers to the web site www.reqwired.com. The term "Material" as used herein refers
to all content provided by the Company itself or through its content suppliers on the
Web Site or in e-mails sent by the Company. The term "Content" as used herein refers
to all content, including information, data, multimedia, and software, provided by users
of the Web Site.
Use of Material
The Company authorizes you to view and download a single copy of the Material and Content
on the Web Site solely for your personal, noncommercial use.
The Material and Content on this Web Site, including the "Look" and "Feel" of
the Web Site, text, graphics, images, logos, button icons, and software, are protected under
both United States and international copyright, trademark, patent and other laws. All
Material and Content are the property of the Company or its content suppliers or customers.
The "Compilation" refers to the collection, arrangement and assembly of all Material and
Content on this Web Site is the exclusive property of the Company and protected by United
States and international copyright laws. Unauthorized use of the Material or Content may
violate copyright, trademark, patent and other laws. You must retain all copyright,
trademark, service mark and other proprietary notices contained in the original Material
and Content on any copy you make of the Material or Content. You may not sell or modify
the Material or Content or reproduce, display, publicly perform, distribute, or otherwise
use the Material or Content in any way for any public or commercial purpose. The use of
the Material or Content on any other web site or in a networked computer environment for
any purpose without the written permission of the Company is prohibited.
It is an infringment of the Company's copyright to copy or adapt the HTML code that the Company creates and/or uses
to generate its pages.
Standards for Internet Conduct / Acceptable Site Use
In connection with your use of the Web Site, you may not:
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Post, transmit, distribute, store, upload, or destroy Material or Content (i) in
violation of any applicable local, state, national, or international law or
regulation, or (ii) in a manner that will infringe the copyright, trademark,
trade secret, patent or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others.
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Post or transmit any Content that is unlawful, harmful, threatening, abusive,
harassing, defamatory, libelous, vulgar, obscene, tortuous, otherwise objectionable,
or that may invade another's right of privacy or publicity.
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Impersonate any person or entity, including without limitation a Company employee
or agent, an authorized user of the Web Site's services, a continuing education
educator, an organization employing professionals, or otherwise misrepresent your
affiliation with any person or entity.
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Post or transmit any Content that you do not have a right to reproduce, display
or transmit under any law or under contractual or fiduciary relationships.
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Delete or modify any Material posted by any other person or entity without their
permission.
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Submit an e-mail address that you do not own or for which you do not have the
express permission of the owner to submit.
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Violate or attempt to violate the security of the Web Site including, without
limitation:
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Accessing data not intended for such user or logging into a server or
account that the user is not authorized to access;
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Attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization;
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Attempting to interfere with service to any user, host or network, including,
without limitation: submitting a virus or corrupted data to the Web Site,
overloading, continuous posting of repetitive text, flooding,
spamming, mailbombing or crashing;
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Sending unsolicited advertising, promotional materials, e-mail, junk mail,
chain letters, or any other form of solicitation; or
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Forging any TCP/IP packet header or any part of the header information in
any e-mail or posting.
Violations of system or network security may result in civil or criminal liability.
The Company will investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations.
Specific Prohibitions on Use
The Web Site may be used only for lawful purposes by individuals seeking continuing
professional education information, companies seeking to post their continuing
professional education courses, and employers wishing to track the continuing professional
education status of their employees. The Company specifically prohibits any use of the
Web Site, and all users agree not to use the Web Site, for any of the following:
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Posting any incomplete, false or inaccurate biographical or company information,
information which is not a reflection of your personal or your company's accurate
user profile, or any incomplete, false or inaccurate information regarding your
courses or products.
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Deleting or revising any Content posted by any other person or entity.
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Using any device, software or routine to interfere or attempt to interfere with
the proper working of this Web Site or any activity being conducted on this site.
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Taking any action which imposes an unreasonable or disproportionately large load
on the Web Site's infrastructure.
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Disclosing to or sharing your password with any third parties or using your
password for any unauthorized purpose.
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Using or attempting to use any engine, software, tool, agent or other device or
mechanism (including, without limitation: browsers, spiders, robots, avatars or
intelligent agents) to navigate or search the Web Site other than the search
engine and search agents available from the Company on this Web Site and other
than generally available third party web browsers (e.g., Netscape Navigator,
Microsoft Explorer), except as provided herein.
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Attempting to decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of the Web Site.
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Aggregating, copying or duplicating in any manner any of the Material or Content
available from the Web Site.
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Framing of or linking to any of the Materials or Content available from the Web Site.
User Information
When you register to use the member-only areas of the Web Site, you will be asked to
provide the Company with certain information including, without limitation, a valid
e-mail address. In addition to the terms and conditions that may be set forth in any
privacy commitment on this Web Site, you understand and agree that the Company may disclose
to third parties, on an anonymous basis, certain aggregate information contained in your
registration application. The Company will not disclose to any third party your name,
address, e-mail address or telephone number without your prior consent, except to the
extent necessary or appropriate to comply with applicable laws or in legal proceedings
where such information is relevant. The Company reserves the right to offer third party
services and products to you based on the preferences that you identify in your registration
and at any time thereafter; such offers may be made by the Company or by third parties.
Please see the Company's Privacy Policy for further details regarding your information.
User Submissions
As a user, you are responsible for your own communications and are responsible for the
consequences of their posting. You must not, and by using the Web Site you agree not to,
do the following things: post Content that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner; post material that reveals trade
secrets, unless you own them or have the permission of the owner; post Content that
infringes on any other intellectual property rights of others or on the privacy or publicity
rights of others; post Content that is obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit
image or statement; post advertisements or solicitations of business other than continuing
professional education course and product listings within the scope and purpose of the Web
Site; post chain letters or pyramid schemes; impersonate another person; or post Content
that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of
Content posted by users or endorse any opinions expressed by users. You acknowledge that
any reliance on Content posted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution and publication of
user-submitted information and has no obligation to screen communications or information
in advance and is not responsible for screening or monitoring Content submitted by users.
If notified by a user of Content which allegedly does not conform to these Terms and
Conditions, the Company may investigate the allegation and determine in good faith and
in its sole discretion whether to remove or request the removal of the Content. The
Company has no liability or responsibility to users for performance or nonperformance
of such activities. The Company reserves the right to expel users and prevent their
further access to the Web Site for violating these Terms and Conditions or the law and
the right to remove Content which is abusive, illegal, or disruptive. The Company may
take any action with respect to Content that it deems necessary or appropriate in its
sole discretion if it believes it may create liability for the Company or may cause the
Company to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting Content to any public or non-public area of the Web Site, including
information posted for the purposes of course and product listings and user feedback,
you grant the Company and its affiliates the royalty-free, perpetual, irrevocable,
sublicenseable (through multiple tiers), non-exclusive right (including any moral
rights) and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, communicate to the public, perform and display the
Content (in whole or in part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed, for the full term of any rights
that may exist in such Content. You also warrant that the holder of any rights, including
moral rights in such Content, has completely and effectively waived all such rights and
validly and irrevocably granted to you the right to grant the license stated above. You
also permit any subscriber to access, display, view, store and reproduce such Content for
personal use. Subject to the foregoing, the owner of such Content placed on the Web Site
retains any and all rights that may exist in such Content.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password.
You shall be responsible for all uses of your registration, whether or not authorized by
you. You agree to immediately notify the Company of any unauthorized use of your
registration or password.
Reqwired, Inc.'s Liability
The Company acts only as a venue for continuing professional education educators to post
continuing professional education courses and products, for professionals to get
customized information regarding their continuing education requirements and relevant
courses and products that may fulfill those requirements based on information they
(professionals) provided, and for employing organizations to track the continuing education status
of their employees. The Company takes no responsibility for screening or censoring the
postings made or information offered. The Company is not involved in the actual
transactions between and amongst continuing education educators, professionals, and
employer organizations. As a result, the Company has no control over the quality, safety or legality
of the continuing education course or product information submitted, the truth or accuracy
of the listings, the ability of continuing education educators to offer courses to
professionals or the ability of professionals to fill course vacancies. The Company is not
liable for the cancellation or postponement of any continuing education course or the
unavailability of any product for any reason. In addition, note that there are risks,
including but not limited to the risk of physical harm, of dealing with strangers, foreign
nationals, underage persons or people acting under false pretenses. You assume all risks
associated with dealing with other users with whom you come in contact through the Web Site.
Because user authentication on the Internet is difficult, the Company cannot and does not
confirm that each user is who they claim to be. Because we do not and cannot be involved
in user-to-user dealings or control the behavior of participants on the Web Site, in the
event that you have a dispute with one or more users, you release the Company (and our
agents and employees) from claims, demands and damages (actual and consequential, direct
and indirect) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with such disputes. If
you are a California resident, you waive California Civil Code d1542, which says: A
general release does not extend to claims which the creditor does not know or suspect to
exist in his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor.
We are under no legal obligation to, and generally do not, control the Content provided
by other users which is made available through the Web Site. By its very nature, other
people's information may be offensive, harmful or inaccurate, and in some cases will be
mislabeled or deceptively labeled. We expect that you will use caution and common sense
when using this Web site.
The Web Site does provide a variety of Material regarding continuing professional
education, including summaries of the continuing education requirements of a variety of
jurisdictions, regulators, licensing authorities, certifying organizations, and the like. Furthermore,
the Web Site uses a proprietary system to help users track their continuing education
status and progress within the contexts of the continuing education requirements the users
select. In many instances, the Web Site through its web pages or through e-mail messages
may inform users that at a particular time they are in compliance with particular continuing
education requirements or alternatively that they are not in compliance with particular
continuing education requirements and therefore require a particular number of additional
credits by a particular deadline in order to be in compliance. All of this information along
with the Material and Content of the Web Site may contain inaccuracies or typographical
errors. The Company makes no representations about the accuracy, reliability, completeness,
or timeliness of the Material or Content. The use of the Web Site, the Material, and the
Content is at your own risk. Changes are periodically made to the Web Site and may be made
at any time.
You acknowledge and agree that you are solely responsible for the form, content and
accuracy of any data and personal or corporate information contained in your user profile,
continuing education profiles, course profiles and any other profiles submitted and edited
by you on the Web Site.
The Company is not to be considered a continuing professional education provider with respect
to your use of the Web Site, and the Company shall not be responsible for any decisions,
including purchases, concerning courses or products, for whatever reason made, made by any
user of the Web Site.
Furthermore, the Company is NOT to be considered 1) a licensing jurisdiction, regulator, licensing
authority, certifying organization or the like with the authority to govern, advise, or
make any official decisions of any nature regarding any official rules concerning continuing
professional education; 2) an entity authorized by any licensing jurisdiction, licensing
authority, certifying organization or the like to maintain official records regarding any
matter concerning continuing professional education; or 3) an authority providing legal
advice on any matter regarding continuing professional education, and the Company shall
not be responsible for any decisions or indecisions, for whatever reason made, made by
any user of the Web Site.
THE MATERIAL CONTAINED ON THIS WEB SITE HAS BEEN PREPARED BY THE COMPANY AS A SERVICE TO
ITS USERS AND IS NOT INTENDED TO CONSTITUTE LEGAL ADVICE. THE COMPANY HAS USED REASONABLE
EFFORTS IN COLLECTING, PREPARING, AND PROVIDING QUALITY INFORMATION, BUT DOES NOT WARRANT
OR GUARANTEE THE ACCURACY, COMPLETENESS, ADEQUACY, OR CURRENCY OF THE INFORMATION CONTAINED
IN OR LINKED TO THIS WEB SITE. USERS OF INFORMATION FROM THIS WEB SITE, INCLUDING E-MAIL
MESSAGES AND LINKS, DO SO AT THEIR OWN RISK.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE, THAT THE WEB SITE
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS, OR THAT THE WEB
SITE WILL BE ACCESSIBLE FOR EXTENDED PERIODS OF TIME. IF YOUR USE OF THE WEB SITE, THE
MATERIAL, OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE, THE MATERIAL, AND THE CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, CONTENT,
SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB
SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS
INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE, THE MATERIAL,
OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Sites
The Web Site contains links to third-party web sites. These links are provided solely
as a convenience to you and not as an endorsement by the Company of the contents on
such third-party web sites. The Company is not responsible for the content of linked
third-party sites and does not make any representations regarding the content or accuracy
of information on such third-party web sites. If you decide to access linked third-party
web sites, you do so at your own risk.
No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms and
Conditions. You also agree not to make any unauthorized commercial use of the Web Site,
the Materials, and the Content.
Limitation of Liability
The aggregate liability for the Company to you for all claims arising from the use
of the Web Site, Materials, and Content is limited to $100.
Termination
The Company reserves the right to determine in its sole discretion whether you have
breached these Terms and Conditions. Upon a determination of breach of these Terms
and Conditions, in addition to its legal remedies, the Company may delete your Content
from this Web Site and terminate your registration with or ability to access the Web
Site and/or any other service the Company provides you.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers, directors,
employees and agents, from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting from your use of
the Material and the Content or your breach of the terms of these Terms and Conditions.
The Company shall provide notice to you promptly of any such claim, suit, or proceeding.
General
The Company makes no claims that the Material or Content may be lawfully viewed or
downloaded outside of the United States. Access to the Material and Content may not be
legal by certain persons or in certain countries. If you access the Web Site from outside
of the United States, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction. These Terms and Conditions are governed by the internal
substantive laws of the State of Maryland, without respect to its conflict of laws
principles. Jurisdiction for any claims arising under this agreement shall lie exclusively
with the state or federal courts serving Montgomery County, Maryland. If any provision of
these Terms and Conditions are found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any term of these Terms and Conditions shall be deemed a further or
continuing waiver of such term or any other term. Except as expressly provided in
guidelines and/or additional terms of use for areas of the Web Site, a particular Legal Notice or
Software License, or Material on particular Web pages, these Terms and Conditions constitute
the entire agreement between you and the Company with respect to the use of the Web Site.
No changes to these Terms and Conditions shall be made except by a revised posting on
this page.
Additional Terms of Use
Certain areas of this Web Site are subject to guidelines and/or additional terms of use. By using such areas,
or any part thereof, you agree to be bound by the additional terms of use applicable to such
areas.
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