Terms & Conditions of Use Agreement

The SERVICES ("Services") are defined as all aspects related to the use of Holistic Technology Services, LLC’s 1st Quadrant Online Training Software ("Training Software"), including course content, test questions, source code, videos, images, technical training, graphic design, its affiliated website holistech.net ("Website") and its content, and any other material contained within the Training Software and the Website. The Effective Date is January 13, 2012.

Please read the following terms and conditions carefully, as this Terms and Conditions of Use Agreement ("End User Agreement") sets forth the standards of use between Holistic Technology Services, LLC ("HolisTech" or "us" or "we" or "our") and you (the "End User"). An End User is defined as any individual who intends to use the Services outlined in this End User Agreement.  If you do not agree to these terms and conditions of use, you may not use the Services and should not proceed to use the Services. By using the Services after the Effective Date above, the End User agrees to these terms and conditions of use, including all amendments made to date. Again, if the End User does not agree to the terms and conditions of this End User Agreement, the End User should immediately cease all usage of the Services. HolisTech reserves the right, at any time, to modify, alter, or update the terms and conditions of this End User Agreement without prior notice. Modifications shall become effective immediately upon being posted at HolisTech’s Website. The End User’s continued use of the Services after amendments are posted constitutes an acknowledgement and acceptance of the End User Agreement and its modifications.

Description of Service

Subject to payment of applicable fees and compliance with this Terms and Conditions of Use Agreement, HolisTech is providing the End User with a royalty-free, non-exclusive, non-transferable, non-redistributable right to use the Services. End User must provide all equipment necessary including computer and related equipment. HolisTech retains all ownership and/or license of the media recording of technical training provided to you including all copyrights, patents, trademarks, trade secrets and know how. Applicable fees are not refundable at any time after the initial purchase. The End User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell in any way any information, documents, graphics, software, products or services obtained from HolisTech’s Services. The End User recognizes that he/she may not reverse engineer, or reverse assemble HolisTech’s Training Software or Website, or otherwise attempt transfer of any right in the software. End User recognizes that unauthorized use of the Services may subject said user to civil or criminal liability.

Fair Use

End User agrees that he or she will operate under the strictest moral and ethical grounds regarding fairly completing any course within the Training Software.  End Users shall not at any time impersonate another individual or gather answers to questions outside of the course content.  Furthermore, the End User agrees to legally and ethically operate when interfacing with the Training Software or the Website in any manner.  This includes refraining from hack attempts, repetitive logins, or other malicious acts.

Disclaimer of Warranties

The Services provided by HolisTech are on an "AS IS" and on an "AS AVAILABLE" basis. To the fullest extent permitted by applicable law, HolisTech makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Services in terms of its correctness, accuracy, reliability, or otherwise. HolisTech shall have no liability for the use of the Services. HOLISTECH DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT, CONDITION OF QUALITY, DESCRIPTION, OPERATION, ADEQUACY, TITLE, INTERFERENCE WITH USE OR ENJOYMENT OF USE, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may be inapplicable. Further, HolisTech is NOT responsible for typographical errors or omissions of any kind. The information provided in the Services and technical training media is provided for informational purposes only. User bears the entire risk of using the Services, including any content on the HolisTech Website or within the Training Software. All materials and content contained within the Services, including the Website and the Training Software, are subject to change, without notice.

Limitation of Liability

HOLISTECH SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR HOLISTECH SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF HOLISTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE, HOWEVER, HOLISTECH’S TOTAL LIABILITY TO END USER FOR BREACH OF ANY AND/OR ALL SUCH WARRANTIES SHALL BE LIMITED TO THE AMOUNT PAID IN APPLICABLE FEES.

Indemnification

End User agrees to indemnify and hold HolisTech, its parents, subsidiaries, affiliates, officers and employees, agents, and contractors harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of End User’s use of the Services, the violation of this Agreement, or infringement by End User, or other user of the Services using the End User’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

HolisTech reserves the right to modify or discontinue the Services with or without notice to the End User. HolisTech shall not be liable to End User or any third-party should HolisTech exercise its right to modify or discontinue the Services. End User acknowledges and accepts that HolisTech does not guarantee continuous, uninterrupted or secure access to the Services, including its Website, and the Services may be interfered with or adversely affected by numerous factors or circumstances outside of HolisTech’s control.

Third-Party Sites

HolisTech’s Services, including its Website and the Training Software, may include links to other sites on the Internet that are owned and operated by online merchants and other third-parties. End User acknowledges that HolisTech is not responsible for the availability of, or the content located on or through, any third-party site and End User hereby releases HolisTech of any liability regarding such third-party sites and their services. End User should contact the site administrator or webmaster for those third-party sites if End User has any concerns regarding such links or the content located on such sites. End User’s use of those third-party sites is subject to the terms of use and privacy policies of each site, and HolisTech is not responsible therein. HolisTech encourages all End Users to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by Vendors, Clients, or collected from publicly available sources. While HolisTech makes every effort to ensure that the information contained in the Training Software and Website is accurate, HolisTech can make no representations or warranties as to the accuracy or reliability of any information provided in the Training Software or the Website.

HolisTech makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and End User acknowledges that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Security

End User acknowledges that like any web application, the HolisTech Training Software and Website may be susceptible to hacker attacks and security breaches. It is the End User’s responsibility to ensure that the servers and computers using the Services are in a secure environment with appropriate firewalls, database encryption, virus protection, security patches including operating system updates in place. HolisTech is not liable for any loss of data or any other damages from security breaches, denial of service or other hacker attacks.

Governing Jurisdiction of the Courts of Colorado

The HolisTech Training Software and Website are operated and provided in the State of Colorado. The Services and any claim related to the Training Software or Website are subject to the laws of the State of Colorado, and such laws will govern this Terms and Conditions of Use Agreement, without giving effect to any choice of law rules. HolisTech makes no representation that the Training Software or the Website or other services are appropriate, legal or available for use in other locations. Accordingly, if the End User chooses to access the Services, the End User agrees to do so subject to the internal laws of the State of Colorado.

Any action against HolisTech in connection with this Terms and Conditions of Use Agreement and the Services must be brought within 12 months after the cause of action arises. In any proceeding to enforce the terms hereof, the prevailing party shall be entitled to recovery of an attorney fee, in addition to other costs of suit.

Compliance with Laws

End User assumes all knowledge of applicable law and is responsible for compliance with any such laws. End User may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. End User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available in the HolisTech Training Software and Website, including course content, Website design, text, graphics, videos, interfaces, and the selection and arrangements thereof is © 2012 Holistic Technology Services, LLC, with all rights reserved, or is the property of Holistic Technology Services, LLC and/or third parties protected by intellectual property rights. Any use of materials on the Website or Training Software, including reproduction for purposes other than that included in this Agreement, modification, distribution, derivative works, display, performance, copying or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of HolisTech, is strictly prohibited. End User agrees he/she will not use any robot, spider, or other automatic device, or manual process to monitor or copy the Training Software or the Website or the content contained therein without prior written permission of an authorized officer of HolisTech.

The logo, service marks, trademarks, and/or trade dress of HolisTech are owned exclusively by HolisTech. All other trademarks displayed in the Training Software or on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Holistic Technology Services, LLC. No license is granted herein for use of any service mark, trademark and/or trade dress of HolisTech and/or owner.

Botnets

Holistic Technology Services, LLC retains the right, at our sole discretion, to terminate any End User accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Holistic Technology Services, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Electronic Payment

If you pay for a service using a credit card, we may collect and transmit your credit card data to the appropriate credit card company and/or credit card payment processing company.  Any payment transactions will be encrypted.  To make online purchases, you must use an SSL-enabled browser in order to protect the confidentiality of your personal and credit card information while it is transmitted over the internet.

Other Terms

If any provision of this Terms and Conditions of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. End User agrees that this Terms and Conditions of Use Agreement and any other agreements referenced herein may be assigned by HolisTech in our sole discretion. This Terms and Conditions of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between HolisTech in relation to your participation as an End User. End User agrees that by accepting this Terms and Conditions of Use Agreement, End User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement. No clause of this Terms and Conditions of Use Agreement will be deemed waived, and no breach of this Terms and Conditions of Use Agreement excused, unless the waiver or consent is in writing signed by the party granting such waiver or consent. Waiver of the breach of any provision of this Terms and Conditions of Use Agreement will not operate or be construed as a waiver of any other or subsequent breach. No failure or delay in exercising any right, remedy or power under this Terms and Conditions of Use Agreement will operate as a waiver of any other right, remedy or power. The clauses if this Terms and Conditions of Use Agreement which by their nature are to survive this Agreement will survive its expiration or termination.

And FINALLY, thank you for choosing HolisTech!