D&S Diversified Technologies LLP GENERAL TERMS OF SERVICE
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Please be certain to record the pin number that you are issued that will be displayed above every question . It will be required to either complete an unfinished exam or to begin another exam from a series. Practice test content disclaimer Please note that while all items on the practice exam were developed by nationally recognized subject matter experts, we cannot guarantee that a practice exam reproduces an officially adopted certification exam. Success or failure on a practice exam can predict performance on an official exam but cannot guarantee success. The practice exam and subsequent vocabulary feedback is provided as one tool to help you prepare for your exam. TERMS OF SERVICE dandsdiversifiedtech.com is owned and produced by D&S Diversified Technologies LLP. (referred to as "D&S Diversified Technologies LLP"). By becoming a Subscriber of D&S Diversified Technologies LLP and to use any D&S Diversified Technologies LLP Services, you are agreeing to the following Terms of Service. In addition, there are a variety of special Products and Services offered through D&S Diversified Technologies LLP that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. These Terms of Service may be amended from time to time without any notice to yourself. You can view the most current version of the Terms of Service at any time by visiting: https://www.dandsdiversifiedtech.com/eula.html. Please review these Terms of Service from time to time so you will be apprised of any changes. Because the Terms of Service contain legal obligations, please read them carefully. Failure to comply will result in Subscription termination and will subject you to further legal liability. Acceptance By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with,these Terms of Service as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific Product or Service. YOUR REGISTRATION OBLIGATIONS Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of the Products and Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or D&S Diversified Technologies LLP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, D&S Diversified Technologies LLP has the right to suspend or terminate your subscription and refuse any and all current or future use of the Products and Services (or any portion thereof). RESPONSIBILITY FOR PASSWORD AND USERNAME Upon subscribing, you will receive a login ID and/or password. You are responsible for maintaining the confidentiality of the password and login ID, and are fully responsible for all activities that occur under your password or login ID. You agree to: (a) immediately notify D&S Diversified Technologies LLP of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your user account at the end of each session. D&S Diversified Technologies LLP cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. Disclaimer of Warranty D&S Diversified Technologies LLP disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. D&S Diversified Technologies LLP does not warrant that its services are error-free or that they will operate without interruption nor does D&S Diversified Technologies LLP make any warranty with respect to the quality, reliability, timeliness or security of the Products and Services (including the existence or non-existence of any viruses or other destructive elements within the Products and Services). D&S Diversified Technologies LLP makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from deletion of Products and Services, network or system outages, file corruption, or any other reasons. Service Limitations The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any D&S Diversified Technologies LLP database, including, without limitation, by incorporating data from any Products and Services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. D&S Diversified Technologies LLP Code Usage Limitations The Products and Services and D&S Diversified Technologies LLP code provided for use by Subscribers are, and remain, copyrighted material/property of D&S Diversified Technologies LLP. You may not modify any of the Products and Services or D&S Diversified Technologies LLP code, including but not limited to script, or any other D&S Diversified Technologies LLP code, in any manner, for any reason whatsoever. Purchase Policy If you are purchasing one of our various services we will accept major credit card payments. Your service(s) will be automatically activated within your account when purchasing using these methods. IMPORTANT NOTE: All prices quoted on the D&S Diversified Technologies LLP's web site are in US dollars. Refund Policies The Practice Tests contained on the Website are deemed to be commercial software, thus no refunds can be made to those purchasing this service, since the product is digital in nature and cannot be physically returned to D&S Diversified Technologies LLP. All purchases of this service are final and non-refundable. Subscription Termination Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that D&S Diversified Technologies LLP may terminate your subscription and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, should you fail to comply with the Terms of Service or any other guidelines and rules published by D&S Diversified Technologies LLP. Any such termination shall be in D&S Diversified Technologies LLP's sole discretion and may occur without any notice. D&S Diversified Technologies LLP further reserves the right to terminate any user's subscription or access to the Products and Services for any conduct that D&S Diversified Technologies LLP, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to D&S Diversified Technologies LLP or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. D&S Diversified Technologies LLP further reserves the right to terminate any user's subscription if there is no evident activity for a period of 365 days. D&S Diversified Technologies LLP further reserves the right to terminate any user's subscription and access to the Products and Services, and to remove and discard any Content, for any reason or for no reason at all, in D&S Diversified Technologies LLP's sole discretion, without prior notice, or any notice. In the event D&S Diversified Technologies LLP terminates a user's subscription for violating the Terms of Service or for inactivity, and that user is a paid Subscriber of D&S Diversified Technologies LLP, that user's payment is not refundable. Cookies Use of the Products and Services may require that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance Web site performance. While your browser may allow you to "reject" cookies, the Products and Services may require that you accept all cookies in order for its features and security mechanisms to function fully. Deleting, removing or preventing D&S Diversified Technologies LLP cookies from being properly written to your computer may result in adverse affects on your use of the Products and Services. A "cookie" is an electronic note created by a web site and stored on your computer. By using the Products and Services, you authorize D&S Diversified Technologies LLP's use of cookies. Limitation of Warranty THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, D&S Diversified Technologies LLP DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, D&S Diversified Technologies LLP DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. D&S Diversified Technologies LLP SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT D&S Diversified Technologies LLP DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. D&S Diversified Technologies LLP DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. D&S Diversified Technologies LLP DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. D&S Diversified Technologies LLP MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL D&S Diversified Technologies LLP OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF D&S Diversified Technologies LLP OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO the PRODUCTS AND SERVICES OR TO D&S Diversified Technologies LLP. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF SUBSCRIBER DATA OR OTHER CONTENT. WITH RESPECT TO PAID D&S Diversified Technologies LLP Subscribers, D&S Diversified Technologies LLP'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID SUBSCRIBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL D&S Diversified Technologies LLP OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. Indemnification By using the Products and Services you agree to indemnify D&S Diversified Technologies LLP and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Products and Services, or from any person's use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release D&S Diversified Technologies LLP and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. Governing Law This agreement shall be deemed to have been made in the State of Montana, USA and the validity, construction, interpretation and enforcement hereof and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the internal laws of the State of Montana without regard to the principles of conflicts of laws. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than in the State of Montana unless the said action is for the purpose of enforcing a Judgment already obtained in the State of Montana. D&S Diversified Technologies LLP Network Security Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email. D&S Diversified Technologies LLP reserves the right to amend or change these Rules and Regulations at any time and without prior notice. If you notice a D&S Diversified Technologies LLP Subscriber breaking any of the rules, please notify us via email: hdmaster@hdmaster.com We hope you enjoy the services of D&S Diversified Technologies LLP! |
