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1. INTRODUCTION.
Welcome to the web site ("Site") for MacKay
Edge Assessment Group® ("MacKay Edge Assessment
Group").
2. ACCESS TO THE SITE.
BY ACCESSING, BROWSING AND/OR USING THE SITE,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND
AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF
USE ("TERMS AND CONDITIONS OF USE") INCLUDING
THE PRIVACY POLICY ("PRIVACY POLICY") (COLLECTIVELY
THE "TERMS") AND TO COMPLY WITH ALL APPLICABLE
U.S. LAWS AND REGULATIONS. In addition, you
hereby represent and certify that you are at least
eighteen (18) years of age. If you do not or cannot
agree to the Terms, you are not authorized to use the
Site or any of the services offered through the Site.
MacKay Edge Assessment Group reserves the right, in
its sole discretion, to update, revise, supplement
and to otherwise modify these Terms, and to impose
new or additional terms and conditions on your use
of the Site from time to time. Such updates, revisions,
supplements, modifications and additional rules, policies,
terms and conditions (collectively referred to in these
Terms as "Additional Terms") shall be effective
immediately and incorporated into these Terms upon
notice thereof, which may be given by any reasonable
means including by posting to the Site. Your continued
viewing or use of the Site following such notice shall
be deemed to conclusively indicate your acceptance
of any and all such Additional Terms.
3. ACCEPTABLE USE OF THE SITE.
In order to use the Site, you must obtain access to the
Internet and pay any and all service fees associated
with such access.
(a) Individual Use. You agree that you are only authorized
to visit, view and to retain a single copy of pages of
the Site for your own internal use and not on behalf
of any other person or entities, and that you shall not
duplicate, download, publish, modify or otherwise distribute
any material on the Site for any purpose other than for
your own internal use unless otherwise specifically authorized
by MacKay Edge Assessment Group in writing. MacKay Edge
Assessment Group posts legal notices and various credits
on pages of the Site, which you shall not remove even
in your permitted copies.
(b) Deep Links; Linking. You agree not to "deep-link" to
the Site, meaning that you shall not create, post, display,
publish or distribute any link to any page other than
the front (home) page of the Site for any purpose, unless
specifically authorized by MacKay Edge Assessment Group
in writing to do so. If you do want to link to the Site
in any manner, you may contact the MacKay Edge Assessment
Group Webmaster at webmaster@mackayedge.com to seek approval.
(c) Framing. You agree not to create any frames at any
other web sites pertaining to or using any of the content
located at the Site for any purpose, unless specifically
authorized by MacKay Edge Assessment Group in writing
to do so.
(d) Security, Cracking and Hacking. You are prohibited
from violating or attempting to violate the security
of the Site. Accordingly, you agree not to: (i) access
data or materials not intended for you; (ii) log into
a server or account which you are not authorized to access;
(iii) attempt to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization; or (iv) attempt
to interfere with service to any user, host or network,
including without limitation, by means of submitting
a virus to the Site, overloading, "flooding", "mailbombing" or "crashing" the
Site. Violations of system or network security may result
in civil or criminal liability. MacKay Edge Assessment
Group reserves the right to investigate occurrences which
may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users
who have participated in such violations. You understand
that data and communications, including e-mail and other
electronic communications, may be accessed by unauthorized
third parties when communicated over the Internet.
(e) You Are Responsible For All of Your Activities and
All of The Content You Post or Submit. You represent
and warrant that any information and/or material you
post or provide to MacKay Edge Assessment Group by means
of the Site, including, without limitation, as part of
any registration or subscription or to gain access to
or use any services offered on the Site ("Submissions"),
is truthful, accurate, not misleading, not confidential
property of others, not in violation of any other third
party's rights and offered in good faith. You agree NOT
to use the Site for or in connection with any of the
following activities: (i) transmitting or relaying spam,
spoofing or otherwise impersonating any person or entity,
or falsely stating or otherwise misrepresenting your
identity or affiliation in any way; (ii) using the Site
for any fraudulent or illegal purpose; (iii) e-mailing,
uploading, or otherwise transmitting or using the Site
in furtherance of the use, distribution or transmission
of any unlawful, harassing, defamatory, tortious, libelous,
sexually explicit, obscene, hateful, racially, ethnically
or otherwise objectionable material of any kind; and
(iv) transmitting material that contains viruses, Trojan
horses, worms, time bombs, cancelbots or other computer
programming routines or engines that are intended to
damage, destroy, disrupt or otherwise impair a computer's
functionality or the operation of the Site.
(f) Information Disclosed via the Site. IN ADDITION
TO ANY OTHER WARRANTY DISCLAIMER PROVIDED IN THE TERMS,
ANY INFORMATION DISCLOSED TO YOU VIA THE SITE INCLUDING,
WITHOUT LIMITATION, ANY CONTENT, HEALTHCARE PROFESSIONAL
RECOMMENDATIONS, PRODUCT RECOMMENDATIONS, PRODUCT DESCRIPTIONS,
PRODUCT SAFETY AND/OR EFFECTIVENESS MATERIALS, ARE NOT
OFFERED WITH ANY WARRANTY OR REPRESENTATION AS TO ABILITY,
ACCURACY, PERFORMANCE OR SUITABILITY FOR YOUR INTENDED
PURPOSE OR COMPLIANCE WITH APPLICABLE LAW. MacKay Edge
Assessment Group ASSUMES NO RESPONSIBILITY, AND DISCLAIMS
ANY LIABILITY FOR, ANY ILLNESS OR INJURY RESULTING FROM
USING ANY PRODUCTS OR FOLLOWING ANY ADVICE CONTAINED
ON THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT USE OF ANY
DIETARY SUPPLEMENT PRODUCT INVOLVES UNFORESEEABLE RISKS
AND UNCERTAINTIES, INCLUDING, WITHOUT LIMITATION, THE
RISKS OF: (A) INDIVIDUAL'S BIOLOGICAL VARIATION AND RESPONSE
TO HERBAL/BOTANICAL PRODUCTS; (B) PRODUCT INTERACTIONS
WITH OTHER HERBAL AND DRUG INGREDIENTS; AND (C) OTHER
HEALTH RISKS AND UNCERTAINTIES.
(g) Do Not Violate Third Party Intellectual Property
Rights. Without limiting the foregoing, you shall not,
and by using the Site you agree not to, use the Site
to: (i) transmit or post any Submissions that are copyrighted,
unless you are the copyright owner or have obtained the
permission of the copyright owner to transmit it; (ii)
transmit or post any Submissions that reveal trade secrets,
unless you own them or have the permission of the owner
to so transmit them; or (iii) transmit or post any Submissions
that infringe on any Intellectual Property Rights (as
defined below) of others or violates the privacy or rights
of publicity of others. Furthermore, unless otherwise
expressly provided, you acknowledge and agree that: (a)
all Submissions shall become property of MacKay Edge
Assessment Group; (b) MacKay Edge Assessment Group has
the right to publish the Submissions for any type of
use including for promotional and advertising purposes,
in accordance with the terms set forth in the Privacy
Policy, without compensation to you of any kind; (c)
any Submissions that you submit to any part of the Site
are non-confidential for all purposes; and (d) that if
you make any such Submission, you automatically grant,
represent and warrant that the owner of such content
has expressly granted MacKay Edge Assessment Group a
royalty-free, perpetual, irrevocable, world-wide exclusive
license to use the Submissions in any manner, media or
form now known or hereafter developed. MacKay Edge Assessment
Group shall have the right to sublicense its rights.
The term "Intellectual Property Rights" shall
mean, collectively, rights under patent, trademark, copyright
and trade secret laws, and any other intellectual property
or proprietary rights recognized in any country or jurisdiction
worldwide, including, without limitation, moral rights
and similar rights.
(h) Ownership. MacKay Edge Assessment Group puts a lot
of content on the Site for you to examine from time to
time including, without limitation, text, graphics, photographs,
pictures, drawings, animation, audio, video, literature
and any other material distributed by MacKay Edge Assessment
Group on, through or in connection with the Site. Moreover,
MacKay Edge Assessment Group attempts to display the
content in a way that will be easily accessible and useful
for you, the user. All content and materials on the Site
including, without limitation, text, graphics, logos,
button icons, images, audio clips and software included
in the Site and any services offered on the Site, are
the property of MacKay Edge Assessment Group, its sponsors
or business affiliates, and/or their respective licensors,
and are subject to U.S. and international Intellectual
Property Rights laws. The compilation of all content
on the Site is the exclusive property of MacKay Edge
Assessment Group and is protected by U.S. and international
copyright laws. All software used on the Site is the
property of MacKay Edge Assessment Group or its licensors
and is subject to U.S. and international copyright laws.
Except to the minimum extent otherwise expressly permitted
under copyright law, no copying or exploitation of material
from the Site is permitted except expressly in accordance
with these Terms or with the express written permission
of MacKay Edge Assessment Group and any other applicable
copyright owner. You acknowledge that you do not acquire
any ownership rights by virtue of downloading copyrighted
material from the Site. All rights not expressly granted
hereunder are expressly reserved to MacKay Edge Assessment
Group.
4. WARRANTY DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE
SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY
AND NONINFRINGEMENT. MACKAY EDGE ASSESSMENT GROUP DOES
NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE
UNINTERRUPTED OR ERROR?FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR
THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO
THE SITE WILL BE UNINTERRUPTED, CONTINUOUS OR ERROR-FREE.
MACKAY EDGE ASSESSMENT GROUP DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU SHOULD THEREFORE
VERIFY ANY INFORMATION OBTAINED FROM THE SITE BEFORE
ACTING ON IT.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, MACKAY EDGE
ASSESSMENT GROUP EXPRESSLY DISCLAIMS ANY RESPONSIBILITY
FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION,
PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY
SITES THAT LINK TO OR FROM THE SITE. MACKAY EDGE ASSESSMENT
GROUP DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR SERVICE
ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF
PRODUCTS OR SERVICES WITH ANY MANUFACTURER'S WARRANTIES
OR SPECIFICATIONS. MACKAY EDGE ASSESSMENT GROUP CANNOT
BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD
PARTY SITES AND/OR RELATED SERVICES NOR DOES MACKAY EDGE
ASSESSMENT GROUP MAKE ANY REPRESENTATIONS OR WARRANTIES
AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED
TO GIVE TO THIRD PARTY SITES.
5. LIMITATION OF LIABILITY.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FURTHEST
EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING,
WITHOUT LIMITATION, MACKAY EDGE ASSESSMENT GROUP' NEGLIGENCE,
SHALL MACKAY EDGE ASSESSMENT GROUP, ITS AFFILIATES,
RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS, BE
RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT
LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL,
EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM
YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT
AND/OR ANY RELATED SOFTWARE, EVEN IF MACKAY EDGE ASSESSMENT
GROUP OR AN AUTHORIZED MACKAY EDGE ASSESSMENT GROUP
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED
IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION,
OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID
OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION,
IN NO EVENT SHALL MACKAY EDGE ASSESSMENT GROUP'S TOTAL
LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH
YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES
OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR
OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100).
6. INDEMNIFICATION
You shall indemnify, defend and hold harmless MacKay
Edge Assessment Group and its sponsors, business affiliates,
vendors, content providers, subsidiaries, related entities,
affiliates, officers, directors, employees, attorneys
and agents, from and against any and all damages, claims
and actions brought by you or any third party resulting
from your use of the site in violation of these terms
or the infringement by you of any intellectual property
rights of any person or entity.
7. GOVERNING LAW AND ARBITRATION.
The laws of the State of Oklahoma (excluding any principles
of conflicts of laws) govern your use of the Site,
the services and these Terms. You agree that the parties
shall settle any claim or dispute relating to these
Terms by binding arbitration in Tulsa, Oklahoma under
the Commercial Arbitration Rules of the American Arbitration
Association. To the fullest extent permitted by applicable
law, no arbitration under these Terms shall be joined
to an arbitration involving any other party subject
to these Terms, whether through class arbitration proceedings
or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION
REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF
RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING,
WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND
HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE
OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED
IN TULSA COUNTY, OKLAHOMA, U.S.A.
8. WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by MacKay Edge Assessment
Group to exercise any right or any noncompliance on
your part with respect to the Terms shall impair any
such right or be construed to be a waiver by MacKay
Edge Assessment Group. If any provision of the Terms
is found by a court of competent jurisdiction to be
invalid or unenforceable in whole or in part, such
provision shall, as to such jurisdiction, be ineffective
to the extent of such invalidity or unenforceability
without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction, provided, however,
if such invalid or unenforceable provision may be modified
so as to be valid and enforceable as a matter of law,
such provision will be deemed to have been modified
so as to be valid and enforceable to the maximum extent
permitted by law.
9. CONTRACT ELECTRONICALLY
You agree that the Terms, combined with your act of using
the Site and/or the services offered on or through
the Site have the same legal force and effect as a
written contract with your written signature and satisfy
any laws that require a writing or signature, including
any applicable Statute of Frauds. You further agree
that you shall not challenge the validity, enforceability
or admissibility of the Terms on the grounds that it
was electronically transmitted or authorized. In addition,
you acknowledge that you have had the opportunity to
print the Terms.
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