END USER WEB SERVICES AGREEMENT - READ CAREFULLY
By accessing or otherwise using this website, you agree to be bound by the terms of this End User Web Services Agreement (the "Agreement"). If you do not agree to the terms of this Agreement, do not use or access this website.
B. What this Agreement Covers.
This Agreement covers the MazeRunnersConsulting.com Web-based software program and services and may include associated media, hardware, printed materials, and electronic documentation (collectively, the "Web-based Program"). The Web-based Program also includes any updates and supplements to the original Web-based Program provided to you by Maze Runners Consulting, LLC (“Company”) through this site.
C. Meaning of "You."
If the person accessing this Web-based Program is an individual using it for his or her own purposes, "you" means the person using this software. If the person accessing this Web-based Program is doing so in furtherance of the purposes of another person, including an organization (whether or not the employer or the person) then "you" means both the person accessing this software and the other person, including an organization. No person accessing the software for another may do so unless the person accessing the software is authorized to bind the other person, including an organization, and failure to be so authorized will result in unauthorized use of the software subject to civil and criminal consequences.
D. The Parties to this Agreement.
This Agreement is a legal agreement between you and Maze Runners Consulting, LLC, a Montana limited liability company with offices at 435 Comfort Lane, Bozeman, Montana 59718, USA.
E. Nature of this Agreement.
The Web-based Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Web-based Program is licensed, not sold.
1. GRANT OF LICENSE.
Company grants to you a nonexclusive license to use the Web-based Program as provided in the accompanying publications or documentation. This license permits one specific natural person to access and use the Web-based Program. This is not a seat- or session-based license. Once a natural person begins use of the Web-based Program, the license is permanently associated with that named natural person, and no other person may use the Web-based Program without procuring from Company another license for that other person.
You may make the URL and Web-based Program available to natural persons, provided that one such license is bound to one person and that each person who uses the Web-based Program made available by you agrees to this Agreement. If any person to whom you make available the Web-based Program is not bound by the Agreement, you will be responsible for any violations of this Agreement or of applicable law by that person as though that person was your agent acting on your express instructions.
If you distribute the URL or Web-based Program to natural persons using a centralized server, web application, or otherwise, you must have in place measures reasonably calculated to limit the number of natural persons using the Web-based Program to the number of licenses granted by Company. In any case, you must make available your books, records, facilities, and systems for audit by Company and/or its agents so that Company can verify your compliance with the terms of this Agreement.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Individual User Accounts. Every person who accesses the Web-based Program must do so with a single named user account that is personally associated and only used by him or her.
Registration Requirements. In consideration of your use of this website and the Web-based Program, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being "Your Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the website or Web-based Program, or any portion thereof.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Web-based Program.
Separation of Components. The Web-based Program is licensed as a single product. Its component parts may not be separated for use on more than one computer and must be presented to the user in the whole form as distributed by Company or its designated suppliers.
Rental or Sale. Without exception, You may not rent, sell, lease, lend or provide commercial or fee-based hosting services for the Web-based Program or otherwise charge any type of access fee to users in exchange for access to the Web-based Program.
Trademarks. This Agreement does not grant you any rights in connection with any trademarks or service marks of Company.
No Support. Company shall have no obligation to provide any product support for the Web-based Program unless Company expressly agrees in writing to provide such support.
Termination. Without prejudice to any other rights, Company may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must immediately stop accessing the Web-based Program and destroy all copies of the Web-based Program and all of its component parts in your possession or under your control.
Except for the limited license rights granted in this Agreement, all right, title, and interest in and to the Web-based Program (including, but not limited to, any images, photographs, animations, video, audio, music, text, computer code or applets incorporated into the Web-based Program), the accompanying printed materials, if any, and any copies of the Web-based Program are owned by Company. All rights in and to the content that may be accessed through use of the Web-based Program are the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants no rights to use such content other than as set forth herein. All rights not expressly granted are reserved by Company and/or the owner(s) of the Web-based Program or other materials.
4. ACCESS TO OUR PRODUCTS.
A. General; Indemnification.
In consideration of receiving access to the content and features of the Website, you agree to pay to Company a per-product fee as defined in the fee schedule provided to you by Company. In addition to the fees for the use of our Web-based products, you are solely responsible for paying any taxes levied by any taxing authority resulting from your use of the Website. This Agreement is valid for the period and/or products selected and paid for by you. In order to access and use our playbooks, you must first complete a free introductory “Launchpad Learning” playbook. Upon completion of this playbook, you may select and pay for any number of additional playbooks, which will be made available to you for online completion for a period of six (6) months from the date of payment. Such payment shall be non-refundable regardless of whether you complete the playbook(s) during such period. During this period, you will have access to the contents and features of the Website for which you have paid the applicable fees. Once you complete a playbook, you may not re-access or re-take the same playbook. The fees will be charged to your credit card or PayPal account for the products chosen. We reserve the right to update the fee schedule from time to time in our sole discretion. The then-current fee schedule shall govern the actual fees charged. The current fee schedule can be viewed at on the website with each product.
C. Payment Terms.
You must use a valid credit card or PayPal account for access to our Web-based products. You hereby authorize Company to charge such credit card or PayPal account for the selected product(s). If your payment is unable to be processed due to the credit card or PayPal account being closed, over its limit, expired, or if for any other reason we are not able to process such payment through no fault of our own, we reserve the right to immediately terminate your access and use of the Website and our Web-based products. We shall attempt to provide notice to you of such termination via email or telephone.
D. Term and Termination.
The term of this Agreement (the “Term”) shall begin on the date on which your account is created (the “Initial Activation Date”) and continue until you have completed all of the playbooks for which we have received payment or until otherwise terminated, as set forth herein. Those provisions that by their nature are intended to survive termination or expiration of this Agreement shall so survive.
5. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Web-based Program and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth is subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Maze Runners Consulting, LLC, 93 Rowland Road, Bozeman, Montana 59719, USA.
6. EXPORT RESTRICTIONS.
You may not export or re-export the Web-based Program, any part thereof, or any process or service that is the direct product of the Web-based Program (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity, or end user subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of goods or services or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country; (ii) to any end user who you know or have reason to know will utilize the Restricted Components in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) to any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. Government. You represent and warrant that no governmental authority has suspended, revoked, or denied your export privileges.
7. LIMITED WARRANTY AND EXCLUSIVE REMEDIES
Limited Warranty. Company warrants solely to the person who directly acquires each license from Company (and not to any transferee of the person who directly acquires each license from Company) that the Web-based Program will perform substantially in accordance with any written representations made by Company for a period of 30 days after initiation of the license.
Limited Remedies. Company and its suppliers' entire liability and your exclusive remedy shall be, at Company’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the Web-based Program that does not meet the limited warranty. This limited warranty is void if failure of the Web-based Program has resulted from accident, abuse, misapplication, or failure to follow the instructions or documentation. Any replacement Web-based Program will be warranted for the remainder of the original warranty period or 30 days after receipt by you, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Company is available without proof of purchase from an authorized international source.
No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY PROVIDES THE WEB-BASED PROGRAM AND ANY SUPPORT SERVICES WITH ALL FAULTS; THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU; AND COMPANY MAKES NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEB-BASED PROGRAM OR SUPPORT SERVICES, AGAINST INFRINGEMENT, OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB-BASED PROGRAM OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, COMPANY'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE WEB-BASED PROGRAM LICENSE OR $5.00;
Magnuson-Moss Warranty Act and Similar Law. It is the understanding of Company that the Web-based Program, as a software product, is not subject to the Magnuson-Moss Warranty Act or any other similar state or federal law. Solely in the case that such law is held to apply to the Web-based Program:
1. This limited warranty gives you specific legal rights. You may have other rights that vary from state/jurisdiction to state/jurisdiction;
2. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the limitations above may not apply to you;
3. Because some states/jurisdictions do not allow the exclusion or limitation of certain finds of liability, some or all of the above limitations on liability may not apply to you.
8. GOVERNING LAW; VENUE
This Agreement is governed by the laws of the State of Montana and the federal laws of the United States of America, without regard for their conflict of law principles. If you bring any action or claim arising under or related to this Agreement, you may do so only in the Montana state courts sitting in Gallatin County, Montana or in the United States District Court for the District of Montana.
9. ENTIRE AGREEMENT; SEVERABILITY
This Agreement (including any addendum or amendment to this Agreement that is included with the Web-based Program) is the entire agreement between you and Company relating to the Web-based Program and the support services (if any), and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Web-based Program or any other subject matter covered by this Agreement. To the extent the terms of any Company policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Company reserves the right to change this licensing agreement at any time. Once you create an account with us, a link to the current version of this agreement will be available on your dashboard when you log in to your account.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND THIS AGREEMENT, AND YOU UNDERSTAND THAT BY USING THE WEB-BASED PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT, EXCEPT FOR SEPARATE WRITTEN AGREEMENTS, IF ANY, BETWEEN COMPANY AND YOU SIGNED BY BOTH AN AUTHORIZED REPRESENTATIVE OF COMPANY AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.