The following are the terms and conditions for use of the Service, including any subsequent amendments, and any operating rules or policies that may be published from time to time by DealMaven (collectively, the "Knowledge Base Terms of Service").
From time to time, DealMaven will change the Knowledge Base Terms of Service. We will use reasonable means (for example a "Modified" logo in the footer of the home page) to provide notice of changes, including a "last modified" date on this page so you can track these changes. You agree these forms of notice are reasonable and sufficient, and your continued use of the Service after notice of a change has been posted constitutes your acceptance of any changes. Therefore, we recommend you check this page periodically for updates.
Irrespective of our right to modify the Terms of Service, DealMaven reserves the right to modify or discontinue the Service, temporarily or permanently, with or without notice. You agree that DealMaven shall not be liable to you for any modification to or discontinuance of the Service.
BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU REPRESENT THAT YOU AGREE TO AND ARE BOUND BY ALL OF THE TERMS OF SERVICE.
USER REGISTRATION, PASSWORD AND SECURITY
To register for the Service, you must provide certain personally identifiable and general demographic information. During the registration process, you agree to: (a) provide accurate, current and complete information as prompted (the "User Information"), and (b) maintain and update your User Information in order to keep it accurate, current and complete. If DealMaven learns or suspects any of your User Information is not accurate, current or complete, DealMaven reserves the right to suspend access to or terminate your account, immediately and without notice, and to refuse any future use of the Service.
As part of the registration process, you will receive a user name and password, and an account will be established for you. You are responsible for maintaining the confidentiality of your user name and password and for all activities in connection with your account. If you become aware of any unauthorized use of your password or account, you agree to notify DealMaven immediately. Further, you may not transfer or sell your account to another party.
KNOWLEDGE BASE CERTIFICATION SUBMISSION & SCORING RULES
- Each submission after the 1st will receive a mandatory 10-point deduction, cumulative with successive submissions, e.g., 10 points from 2nd submission, 20 points from 3rd submission, etc.
- Submissions after the 2nd will be charged a $50 fee per submission.
- DealMaven reserves the right to refuse to accept or grade additional Certification submissions for an applicant who hasn’t demonstrated sufficient progress or who has failed to take the assignment seriously.
- Subscribers may re-submit even after an approved submission to attempt to obtain a higher score, but they should bear in mind the aforementioned 10-point deduction for each subsequent submission; post-approval resubmissions will be charged a $50 fee per resubmission.
- Certification rankings break down as follows:
- 20% final examination score.
- 80% Certification case study model submission score.
- DMRank breaks down as follows:
- 1/3 DealMaven Level I overall Certification score.
- 1/3 DealMaven Level II overall Certification score.
- 1/3 DealMaven Community score.
COLLECTION OF PERFORMANCE DATA
In accordance with our privacy policy, DealMaven reserves the right to collect performance data in conjunction with Knowledge Base usage including but not limited to page views, quiz scores, Certification final examination scores, and Certification case study model submission spreadsheets and grades. With your consent or at your request, this data may be released to other individuals or organizations such as prospective employers who wish to verify your Certification status or compare your scores to those of other consenting DealMaven Knowledge Base users.
PROHIBITED USES
In connection with your use of the Service, you agree not to (a) upload, post, or otherwise transmit any viruses or other harmful, disruptive, or destructive files; (b) access or attempt to access any software or content you are not authorized to access; (c) disrupt or interfere with the security of, or otherwise cause harm to, the Service, or any systems, accounts, passwords, servers, or networks connected to or accessible through the Service; (d) use any data mining, robots, or similar data gathering and extraction methods; or (e) post, transmit, or access through the Service materials that would violate any law or the rights of others, including, without limitation, any threatening, harassing, defamatory, or obscene materials, materials that violate laws against copyright infringement, rights of privacy and publicity, or junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial or otherwise. Further, you agree to abide by all local, state, national and international laws and regulations applicable to your use of the Service.
USE OF CONTENT
You acknowledge and agree that as between you and DealMaven and its licensors, the text, graphics, audio, video, data, and applications ("Content"), including their selection, arrangement, and associated "look and feel" are owned by DealMaven and/or its licensors and protected by their rights under copyright, trademark, patent, and/or other applicable laws, and any misuse of the Content will violate such laws and the Knowledge Base Terms of Service. Except as expressly provided in conjunction with your use of the Service, DealMaven does not grant any express or implied rights to use the Service or Content, including, without limitation, to copy, frame, upload, modify, sell, republish, transmit, assign, distribute, license/sublicense, reverse engineer, or create derivative works. You may, however, view the Content on your home PC or any other PC with web access for non-commercial purposes. DealMaven and its licensors reserve all rights in and to the Content not expressly granted.
TERMINATION
Any misuse of the Service, breach of the Knowledge Base Terms of Service, or any breach of the software license agreement for the DealMaven Web Client will cause the immediate termination of your account and your right/ability to use to the Service.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless DealMaven and its subsidiaries, affiliates, officers, and employees from any loss, liability, claim, demand, damage, or expenses (including reasonable attorney's fees) asserted by any third party due to or arising from or in connection with your use of or conduct on the Service.
LINKS TO THIRD PARTY WEB SITES
The Web Site contains links to other web sites that are not controlled by DealMaven. These links are provided for convenience. DealMaven is not responsible and assumes no liability for the contents of any of these web sites, and unless expressly stated does not endorse, nor shall the links be inferred as an endorsement of, these web sites or their contents, products, or services.
DISCLAIMER OF WARRANTIES
THE CONTENT, INFORMATION AND OTHER MATERIALS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEALMAVEN EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DEALMAVEN MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. DEALMAVEN DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. DEALMAVEN MAKES NO WARRANTY THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED OR THAT THE DEALMAVEN WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DEALMAVEN MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY PROVIDER OF CONTENT/SERVICES OR CONTENT/SERVICES ADVERTISED THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEALMAVEN OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DEALMAVEN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, FROM THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DEALMAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY AGREE THAT DEALMAVEN IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU AGREE THAT DEALMAVEN IS NOT RESPONSIBLE FOR ANY LOSS OF DATA RESULTING FROM NETWORK OR SYSTEM OUTAGES, FROM FILE CORRUPTION OR ANY OTHER REASON. YOU FURTHER AGREE THAT DEALMAVEN SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY OF THE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS, AND/OR LIABILITY FOR SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW/JURISDICTION AND ARBITRATION
The Knowledge Base Terms of Service and all aspects of your use of the Service shall be governed, construed and interpreted in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law or to the Convention on Contracts for the International Sale of Goods. Any dispute, controversy or difference arising out of, in relation to, or in connection with, the foregoing, which cannot be settled by mutual agreement, shall be finally settled by arbitration. If arbitration is initiated by DealMaven, it shall take place in New York City County, New York. You and DealMaven agree and hereby submit to the exclusive personal jurisdiction of these locations. The arbitration will be conducted under the Commercial Dispute Resolution Procedures of the American Arbitration Association (September 1, 2000). The award resulting from such arbitration shall be final and binding on the parties. Notwithstanding the foregoing and pending the completion of arbitration, either party may request injunctive or other equitable relief in connection with such dispute, controversy or difference, to protect its rights and/or property at any court, within the aforementioned geographic areas, having jurisdiction, without first resorting to arbitration.
GENERAL TERMS
The Knowledge Base Terms of Service set forth the entire understanding between you and DealMaven with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein. Any failure by DealMaven to enforce or exercise any provision of the Knowledge Base Terms of Service or related right shall not constitute a waiver of that right or provision. The Knowledge Base Terms of Service shall be construed without regard to any presumption or rule requiring construction against the drafter. The captions and section headings are for convenience only and do not form a part of the agreement and shall not be used in construing it. The Service is operated by DealMaven from its offices in the United States, more specifically New York, and all information provided by you and gathered by DealMaven is processed in the United States. DealMaven makes no representation that the Services is appropriate or available for use at other locations outside the United States, and access to the Service from territories where it may be illegal is prohibited. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws.
NOTHING IN THIS AGREEMENT IS INTENDED TO OR SHALL EXCLUDE, MODIFY OR RESTRICT THE OPERATION OF ANY APPLICABLE STATUTE OR OTHER LAW, THE PROVISIONS OF WHICH CANNOT BE LAWFULLY EXCLUDED, MODIFIED OR RESTRICTED, INCLUDING WHERE APPLICABLE THE STATUTORY RIGHTS OF CONSUMERS PROVIDED FOR UNDER RELEVANT NATIONAL LAWS OR THE LAWS OF THE EUROPEAN UNION. HOWEVER, IF ANY COURT OF COMPETENT JURISDICTION DETERMINES THAT ANY LIMITATION OF LIABILITY, DISCLAIMER, OR OTHER PROVISION OF THIS AGREEMENT IS ILLEGAL, INVALID OR UNENFORCEABLE IN ANY JURISDICTION, THEN SUCH PROVISION SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO MAKE IT COMPLY WITH THE APPLICABLE STATUTE OR LAW OF SUCH JURISDICTION, AND THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL CONTINUE IN FULL FORCE AND EFFECT.
Last Modified: June 26, 2007