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IMPORTANT — READ CAREFULLY: These Terms of Service ("TOS") establish a legal agreement between you and JM Training ("JM Training") for the JM Training products or services accompanying this TOS, which includes the JM Training website, online store, and may include associated media, printed materials, online or electronic documentation, and Internet-based services (collectively, "JM Training Services"). YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TOS BY USING THE JM TRAINING SERVICES. IF YOU DO NOT AGREE TO ANY TERM OR CONDITION IN THIS TOS, DO NOT USE THE JM TRAINING SERVICES.

This Website is offered and available to users who are 18 years of age or older and who reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with JM Training and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

1. JM Training Services Protection and License Only. The JM Training Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The JM Training Services are licensed to you for use only in accordance with the terms and conditions of this TOS, and not sold in any sense whatsoever. JM Training and its suppliers shall retain title and all ownership rights to the JM Training Services, and this TOS shall not be construed in any manner as transferring any rights of ownership or license to the JM Training Services or to any feature or information contained therein, except the limited rights to use as specifically stated in Sections 2 and 3 below.

2. Grant of License. JM Training hereby grants you a limited, nonexclusive, non-transferable, non-sublicensable, royalty-free license to use the JM Training Services solely for the purpose of evaluating, browsing, or purchasing the products, services, and content supplied by JM Training (the "Purpose").

3. Limitations. You may not modify, reverse engineer, decompile, or disassemble the JM Training Services. You may not transfer, sublicense, rent, lease, or lend the JM Training Services or provide any type of hosting services in connection with the JM Training Services. Without prejudice to any other rights, JM Training may terminate this TOS and your access to the JM Training Services for any reason, including your failure to comply with any terms or conditions of this TOS. You agree that the JM Training Services are owned by JM Training and/or its suppliers and all rights not expressly granted herein are reserved by JM Training and/or its suppliers, as applicable, and undertake not to challenge or assist any person to challenge such rights in any manner. You agree that JM Training and its affiliates may collect and use technical, business, financial, and personal information gathered as part of the product support services provided to you, if any, related to the JM Training Services. JM Training or its affiliates or suppliers may share your data and information with affiliated third parties for business purposes, but never in a manner prohibited by applicable laws, rules, and regulations. JM Training's sharing or use of such data or information will at all times be compliant with applicable law. JM Training may use or share your data and information in conjunction with providing the JM Training Services to you and with companies JM Training includes in ancillary products or services offered in conjunction with the JM Training Services. JM Training will not sell or share your data or information with unaffiliated companies. Please review our Privacy Policy regularly for more information, as the policy is subject to change without warning or notification to you. You agree in all instances to use the JM Training Services in strict compliance with all applicable laws, rules, and regulations, and you agree to indemnify JM Training against, and hold JM Training harmless from, any impermissible or illegal activities that you engage in utilizing the JM Training Services.

4. Product Updates and Maintenance. You understand and agree that JM Training may provide updates or maintenance to the JM Training Services from time to time, but JM Training shall have no obligation to provide any updates or maintenance to you in relation to the JM Training Services licensed to you under this TOS. In case JM Training provides any update or maintenance to the JM Training Services, this TOS shall automatically apply to such update or maintenance, unless JM Training provides other terms along with such update or maintenance.

5. Further Use Restrictions. Use of the JM Training Services for any purpose other than as specifically permitted hereunder or in writing by JM Training is a violation of this TOS, and you agree that such use constitutes a blatant and flagrant violation and fundamental breach of this TOS and will be subject to any and all remedies and/or penalties available to JM Training and/or its supplier(s) under applicable law. To the extent applicable, you have the exclusive responsibility to calculate, charge, collect, and remit state and other taxes applicable to your purchases of goods and services, if any. You shall be solely responsible for your actions and the actions of your employees, agents, and representatives, and you shall ensure that your employees, agents, and representatives comply with this TOS in all respects. You shall provide connectivity and security to the Internet for your location(s) for purposes of accessing the JM Training Services. JM Training shall not be responsible for the reliability, speed, or continued availability of the communications lines, or the corresponding security configurations you use in accessing the Internet to access the JM Training Services. You are responsible for ensuring that all your data used in connection with the JM Training Services is accurate, not corrupt in any way, does not contain vulgar or illegal content, does not infringe the rights of any third party, and does not contain any viruses. You shall not, intentionally or otherwise, permit the introduction of or introduce viruses, bugs, errors, inaccuracies, or any malicious software into the JM Training Services.

6. Confidentiality and Feedback. You understand that the JM Training Services may contain confidential, proprietary, or trade secret information (together "Confidential Information") of JM Training and/or its suppliers and shall be maintained in strictest confidentiality. You agree that the confidentiality obligations are an essential part of this TOS and any unauthorized disclosure by you constitutes a fundamental breach of this TOS. You agree to: (i) not use the Confidential Information disclosed by JM Training for any purposes other than the Purpose; (ii) protect JM Training's Confidential Information in the same manner and with the same degree of care, but not less than a reasonable degree of care, against unauthorized use, dissemination, publication, or disclosure, as you protect your own confidential or proprietary information of a like nature; (iii) limit the use, circulation of, and access to JM Training's Confidential Information to your directors, officers, and employees, if any, who have a need to know in connection with the Purpose; (iv) not copy any of JM Training's Confidential Information except as reasonably required for the Purpose; (v) reproduce JM Training's proprietary rights notices on any such authorized copies; (vi) not reverse engineer, disassemble, or decompile any prototype, software, or other tangible object that embodies JM Training's Confidential Information; and (vii) notify JM Training in writing immediately upon the occurrence of any unauthorized release, disclosure, or other breach, or upon the presence of a threat of such occurrence. You understand and agree that disclosure or use of the JM Training Services, except as authorized above, will result in irreparable harm to JM Training and/or its suppliers and that monetary damages may be inadequate to compensate JM Training and/or its suppliers for such breach. Accordingly, you agree that JM Training will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief to enforce the terms of this Agreement. From time to time, you may submit to JM Training comments, questions, enhancement requests, suggestions, ideas, process descriptions, or other information related to the JM Training Services ("Feedback"). You hereby grant JM Training a worldwide, perpetual, irrevocable, royalty-free license to use, share, exploit, and incorporate the Feedback for any purpose without restriction, attribution, or payment to you.

7. Copyright. All title, copyrights, and other intellectual property rights in and to the JM Training Services (including but not limited to any images, photographs, animations, video, audio, music, text, and applets incorporated into the JM Training Services), the accompanying printed materials, and any copies of the JM Training Services are owned by JM Training and/or its suppliers. The JM Training Services are protected by copyright laws, other intellectual property laws, and international treaty provisions. Therefore, you must treat the JM Training Services like any other copyrighted material. You may not copy any printed materials accompanying the JM Training Services without express authorization in this TOS or prior written permission of JM Training.

8. U.S. Government License Rights. All JM Training Services provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995, are provided with the commercial license rights and restrictions described elsewhere herein. All JM Training Services provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995, are provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

9. Export Restrictions. You acknowledge that the JM Training Services licensed for use hereunder are subject to the export control laws and regulations of the U.S.A., and any amendments thereof. You confirm that with respect to the JM Training Services, you will not export or re-export the JM Training Services, directly or indirectly, either to (i) any countries that are subject to U.S.A. export restrictions; (ii) any end user who you know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons; or (iii) any end user who has been prohibited from participating in U.S.A. export transactions by any federal agency of the U.S.A. government. You further acknowledge that the JM Training Services may include technical data subject to export and re-export restrictions imposed by the laws of the U.S.A.

10. Warranty Disclaimer. The JM Training Services are provided "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JM TRAINING FURTHER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR BY ESTOPPEL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE TO DESCRIPTION OR SAMPLE, NO DEFECT IN WORKMANSHIP OR MATERIAL, LACK OF VIRUSES, AND LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT WITH REGARD TO THE JM TRAINING SERVICES. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE JM TRAINING SERVICES AND DOCUMENTATION REMAINS WITH YOU. NO ACTIVITY, SERVICE, ADVERTISING, PACKAGING, STATEMENT, OR COMMUNICATION BY JM TRAINING OR ITS SUPPLIER(S) IN RELATION TO THE JM TRAINING SERVICES, EVEN IF PRESENTED IN THE FORM OF A PRODUCT WARRANTY, WHETHER PRIOR TO, ON, OR AFTER THE DATE OF THIS TOS, SHALL BE INTERPRETED AS AN ANNULMENT, IMPAIRMENT, OR MODIFICATION TO THIS DISCLAIMER.

11. Exclusion of Claims; Remedies. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JM TRAINING AND/OR ITS SUPPLIER(S) BE LIABLE FOR ANY SPECIAL, RELIANCE, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE JM TRAINING SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE JM TRAINING SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE JM TRAINING SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS TOS, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF JM TRAINING AND/OR ANY OF ITS SUPPLIERS, AND EVEN IF JM TRAINING AND/OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT YOU HAVE WAIVED ALL RIGHTS TO ALL REMEDIES, WHETHER IN LAW OR IN EQUITY, EXCEPT IN THE EVENT OF A FUNDAMENTAL BREACH BY JM TRAINING AND/OR ANY OF ITS SUPPLIERS.

12. Governing Law and Dispute Settlement. This TOS shall be governed by and construed in accordance with the laws of the State of Illinois. In case of any dispute arising out of or in connection with this TOS, you have consented to the exclusive jurisdiction of the federal and state courts sitting in Kankakee County, Illinois, U.S.A. You agree that JM Training shall be entitled to recover all reasonable attorney's fees if JM Training prevails in any case or dispute arising out of or in connection with this TOS.

13. Privacy. Please review our Privacy Policy, which also governs your use of the JM Training Services, to understand our practices.

14. Electronic Communications. When you use the JM Training Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you will be communicating with JM Training electronically. You consent to receive communications from JM Training electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other JM Training Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that JM Training provides to you electronically satisfy any legal requirement that such communications be in writing. Except to the limited extent that (i) opt-out provisions are required by applicable law, or (ii) the JM Training Services specifically offer functionality permitting certain opt-out features, any attempt to opt out of receiving electronic communications in any form from JM Training shall be null and void.

15. Saving a Payment Method. The JM Training Services may enable you, in certain circumstances, to instruct us to save bank account and/or payment card information (collectively, "Payment Information") for potential future use. This Payment Information may belong to you, or it may belong to a customer, supplier, or other third party that you have a business relationship with. In any instance where you instruct us to save Payment Information, you represent and warrant that you have the authority to instruct us to save such Payment Information for potential future use, and you agree to indemnify us and hold us harmless from any third-party claims related to such instructions. You are responsible for providing complete and accurate Payment Information, and you are responsible for promptly updating all Payment Information as needed.

16. Miscellaneous. Except for any signed written agreement that is in effect between you and JM Training, this TOS (including any of its addendums or amendments) constitutes the entire agreement between you and JM Training relating to the JM Training Services and the support or maintenance services therein (if any) and shall replace and supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the JM Training Services or any other subject matter covered by this TOS. To the extent the terms of any JM Training policies or programs for support services conflict with the terms of this TOS, the terms of this TOS shall control. If any provisions of this TOS are held to be void, invalid, unenforceable, or illegal, the other provisions shall continue in full force and effect. No delay in enforcing a right or remedy under this TOS shall be deemed to be a waiver. You cannot transfer or assign this TOS or any right or obligation herein to any person without prior written consent from JM Training. In the event of any conflict between this TOS and any other signed written agreement between you and JM Training, the terms and conditions set forth in such signed written agreement will control.

Optional Provision to Consider: Marketing Promotions

JM Training offers you the ability to opt in to receive marketing and promotional mobile alerts (e.g. cart reminders) and order and shipping notifications by SMS message. If you elect to receive SMS messages from us, you are agreeing to the Mobile Messaging Terms & Conditions, found at ______________, which are hereby incorporated into these TOS.

Contact

If you have any questions about these Terms of Service, please contact us at:

JM Training

233 Mooney Dr.
Bourbonnais, IL 60914

708-726-0946

support@joemalonetraining.com