(i) use one copy of the Software or templates on a single computer;
(ii) make one copy of it onto the hard disk of your computer under a different file name and retain the original SGM CD for archival purposes;
YOU MAY NOT:
(i) sublicense, rent or lease any portion of the Software programs;
(ii) reverse engineer, de-compile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software.
Security Guard Management warrants that the media on which the Software is distributed will be free from defects for a period of thirty (30) days from the date of download of the Software to you. Your sole remedy in the event of a breach of this warranty will be that Security Guard Management will, at its option, replace any defective media returned to Security Guard Management within the warranty period. Security Guard Management does not warrant that the Software will meet your requirements or that operation of the Software will be uninterrupted or that the Software will be error-free.
The above warranty is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
This warranty gives you specific legal rights. You may have other rights, which vary from state to state.
DISCLAIMER OF DAMAGES:
Regardless of whether any remedy set forth herein fails of its essential purpose, in no event will Security Guard Management be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the software even if Security Guard Management has been advised of the possibility of such damages.
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages so the above limitation or exclusion may not apply to you.
In no case shall Security Guard Management ‘ s liability exceed the purchase price for the software. The disclaimers and limitations set forth above will apply regardless of whether you accept the Software.
U.S. GOVERNMENT RESTRICTED RIGHTS:
Restricted rights legend. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable, Security Guard Management located at PO Box 51 Dunkirk, Maryland 20754.
This Agreement will be governed by the laws of the State of Maryland . This Agreement may only be modified by a license addendum which accompanies this license or by a written document which has been signed by both you and Security Guard Management. Should you have any questions concerning this Agreement, or if you desire to contact Security Guard Management for any reason, please write: Security Guard Management, PO Box 51 Dunkirk, MD 20754 .
Terms and Conditions
Agreement between user and SGMtraining.com
Welcome to SGMtraining.com. The Security Guard Management website (the "Site") is comprised of various web pages operated by Security Guard Management ("SGM").
SGM is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of SGMtraining.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
SGMtraining.com is a E-commerce Site providing 32 On-Line Security Officer Training Videos with tests..
You or your active employees visiting SGMtraining.com or sending emails to SGM constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
SGM does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use SGMtraining.com only with permission of a parent or guardian.
Any cancellation request made after 48 hours of service will not qualify for a refund. Please contact us at Tech@SGMtraining.com with any questions."
Links to third party sites/Third party services
SGMtraining.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SGM and SGM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SGM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SGM of the site or any association with its operators. Certain services made available via SGMtraining.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the SGMtraining.com domain, SGM DOES NOT share such information and data with any third party with whom SGM has a contractual relationship to provide the requested product, service or functionality on behalf of SGMtraining.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
SGM CONTENT IS NOT FOR RESALE. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SGM and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SGM or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by SGM from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SGM Content accessed through SGMtraining.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless SGM, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SGM reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SGM in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In theevent that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and your employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of are presentative or class proceeding.
SGM reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SGM as a result of this agreement or use of the Site. SGM's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SGM's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SGM with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SGM with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SGM with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
SGM reserves the right, in its sole discretion, to change the Terms under which
SGMtraining.com is offered. The most current version of the Terms will supersede all previous versions. SGM encourages you to periodically review the Terms to stay informed of our updates.
SGM welcomes your questions or comments regarding the Terms:
Security Guard Management
PO Box 51
Dunkirk, Maryland 207564
Email Address: tech@SGMtraining.com
Effective as of June 01, 2015