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TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.muxdatasystems.com. The collective work includes works that are licensed to www.muxdatasystems.com. Copyright 2003, www.muxdatasystems.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.muxdatasystems.com or purchasing www.muxdatasystems.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.muxdatasystems.com or to purchase www.muxdatasystems.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.muxdatasystems.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of www.muxdatasystems.com used in the site are trademarks or registered trademarks of www.muxdatasystems.com
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.muxdatasystems.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.muxdatasystems.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.muxdatasystems.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
www.muxdatasystems.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.muxdatasystems.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a www.muxdatasystems.com product is mistakenly listed at an incorrect price, www.muxdatasystems.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.muxdatasystems.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.muxdatasystems.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.muxdatasystems.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.muxdatasystems.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.muxdatasystems.com.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.muxdatasystems.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.muxdatasystems.com products) must be commenced within one (1) year after the claim or cause of action arises. www.muxdatasystems.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.muxdatasystems.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.muxdatasystems.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.muxdatasystems.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.muxdatasystems.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.muxdatasystems.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.muxdatasystems.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.muxdatasystems.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.muxdatasystems.com may link to sites operated by third parties. However, even if the third party is affiliated with www.muxdatasystems.com, www.muxdatasystems.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.muxdatasystems.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.muxdatasystems.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Terms and Conditions for Courses and Education Materials
Current as of 1/1/2011
The following terms apply to 1) enrollment in classes offered by us; and 2) orders for education materials. These terms, along with any applicable license agreement, are the complete agreement between us regarding the courses or education materials we provide and replace any prior oral or written communications between us. Attendance at a class or your use of any education materials constitutes your agreement to these terms and conditions. Occasionally, we have offerings with additional or different terms and conditions. If so, we will provide those terms and conditions to you. For example, conference terms and conditions are outlined in the conference registration section of the conference website or in the conference brochure for the event.
Courses and Education materials
We list our generally available courses and education materials on this website. We may add or withdraw courses and education materials at any time without notice.
Scheduling Classes
We will specify the dates of public classes. Private or on-site classes will be scheduled by mutual agreement. We may cancel any scheduled class on notice. If we cancel a class for which you have prepaid, we will refund the price you paid.
Accommodations for Students with Disabilities
To the best of our knowledge locations are accessible for students with disabilities. Furthermore, we support and encourage students with disabilities to attend our classes. If reasonable accommodations are required for an individual with a disability, please advise us of the accommodations in advance. We will do everything within our power to make satisfactory arrangements.
Prices and Payment
Prices for public classes will be those in effect on the date the class begins. Prices include the use of required education materials and machines. They do not include taxes or student travel and living expenses. reserves the right to increase prices at any time without prior notification.
Prices for private or on-site classes will be established based on your requirements. Additional charges may apply, such as instructor travel and living expenses, facilities, and remote lab support.
You agree to pay amounts due, including applicable taxes and any late payment fees, as we specify in the invoice.
Conference cancellation charges will be specified on the conference website or in the conference brochure for the event.
Cancellation Charges
You will be charged the full price of a public class if you do not cancel or reschedule your enrollment at least 15 calendar days prior to the scheduled start date or if you do not show up for the class. If you cancel between sixteen and twenty-one calendar days prior to the scheduled start date you will be billed 10% of the full price.
If you cancel a private or on-site class within 15 calendar days prior to the scheduled start date you will be billed the full price of the class; and if you cancel between sixteen and twenty-one calendar days prior to the scheduled start date you will be billed 10% of the full price. Cancellation of a private or on-site class more than twenty-one calendar days prior to the scheduled start date may be made without charge.
Conference cancellation charges will be specified on the conference Web site or in the conference brochure for the event.
Limitation of Liability
Circumstances may arise where, because of a default on our part or other liability, you are entitled to recover damages from us. In each such instance, except for the payments referred to in our patent and copyright terms described above, we are liable only for the charges for the class or education material that is the subject of the claim.
This limit also applies to any of our subcontractors. It is the maximum for which we are collectively responsible.
Items For Which We Are Not Liable
Under no circumstances are we or our subcontractors liable for any of the following:
- third-party claims against you for losses or damages (except as described above in the section entitled "Patents and Copyrights");
- loss of, or damage to, your records or data; or
- special, incidental, or indirect damages or for any economic consequential damages (including lost profits or savings), even if we are informed of their possibility.
License
Any machine readable education materials that we provide to you will be subject to the terms and conditions of a license agreement. We will inform you of the applicable agreement.
Warranty
THERE ARE NO EXPRESS WARRANTIES EXCEPT THOSE CONTAINED HEREIN OR IN ANY APPLICABLE LICENSE AGREEMENT. THERE ARE NO IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY AS TO RESULTS TO BE ATTAINED BY ATTENDING OUR CLASSES OR USING OUR EDUCATION MATERIALS.
Changes to this Agreement
We may modify these terms and conditions on written notice. The modified terms and conditions will apply to your enrollment or order unless you cancel such enrollment or order prior to the effective date. Otherwise, for a change to be valid, both of us must sign it. Additional or different terms and conditions in any order or communication from you are void.
General
You agree not to copy our copyrighted material without our prior written consent.
You agree not to use recording equipment in our classes without our prior written consent.
You agree not to use our trademarks, trade names, or other designations in any promotion or publication without our prior written consent.
You agree not to assign, or otherwise transfer your rights under this Agreement without our prior written consent. Any attempt to do so is void.
Neither of us is responsible for failure to fulfill any obligations due to causes beyond its control.
Neither of us will bring a legal action (under this Agreement) more than two years after the cause of action arose.
Any terms of this Agreement, which by their nature extend beyond its termination, remain in effect until fulfilled, and apply to respective successors and assignees.
The laws of the State of California govern this Agreement.
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