Effective 13 June 2018.
Thank you for using GMQA!
These Terms of Service ("Terms") cover your use of and access to the websites, workshops, webinars, applications, tools and features, training materials (provided online or in person), and other products and services (collectively, the "Services") provided by Green Mountain Quality Assurance, LLC. References to "Green Mountain Quality Assurance", "GMQA", "us", "we", and "our" mean Green Mountain Quality Assurance, LLC.
Please read this Agreement carefully, and contact us if you have any questions.
Who May Use Our Services
By registering for any GMQA Service, you confirm that you may contract with GMQA for the same. When you sign-up for GMQA services, such as registering for a GMQA training event or provisioning on-site consulting or off-site Office Hours, you must provide us with accurate and complete information, and you agree to keep your information accurate and complete. Our Services are not intended for and may not be used by children under the age of 18.
Third Party Services
GMQA Services are integrated with various third party services and applications (collectively, "Third Party Services"). Examples of Third Party Services include our Payment Processors (such as Stripe, Square, PayPal, and banking institutions) and other integration partners and service providers (such as Squarespace, MailChimp, MS Office 365). These Third Party Services have their own terms and policies, and your use of them will be governed by those terms and policies. In addition, when you use GMQA Services, you may find links to other websites that we don't own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms of service and privacy policies and cookie policies.
Intellectual property is very important to GMQA and it has expended substantial time, effort, and resources creating the same. Intellectual property includes its trademarks, trade dress, websites and content found thereon, and software (including any application programming interfaces (APIs)). In general, our intellectual property is protected by relevant copyright, trademark, and other laws of both the United States and other countries. You are prohibited from using the GMQA names or any of the GMQA trademarks, logos, trade dress, domain names, or other distinctive brand features.
Intellectual property also includes content that you may access by purchasing any GMQA Services ("GMQA Training Materials"). GMQA Training Materials include, but are not limited to, audio materials, visual materials, handouts, notes and other writings, case studies, applications, tools and the like, which may be made available to you at or via our training events, webinars, and other on-line or in-person training, educations, or service options.
You acknowledge that any intellectual property of GMQA is proprietary to GMQA, unless explicitly stated otherwise by an officer of GMQA in writing. Using any GMQA Services does not give you or transfer to you any rights or ownership in and to any of our intellectual property. GMQA is and shall remain the sole and exclusive owner of all right in and to its intellectual property.
By registering for any GMQA Services (such as workshop, webinar, eLearning, or in-house training), you understand and agree that your use and enjoyment of any GMQA Training Materials is limited in accordance with these Terms and any conditions or restrictions associated with a particular GMQA Service or feature or other provision of GMQA Services, and that GMQA only grants you a limited, non-exclusive, non-transferable, revocable license to use, access, or view certain GMQA Training Materials, soles for your personal, educational purposes as part of the GMQA Services for which you have paid all required fees. All other uses are expressly prohibited. You may not reproduce, distribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sub-license, or otherwise transfer or use any GMQA Training Materials, unless we give you explicit permission to do so in a written statement signed by an officer of GMQA.
Pursuant to these Terms and any grant of license that may apply:
You shall NOT disseminate any intellectual property internally to individual who are not paid participants of GMQA Services or externally to any other third parties, except as authorized in writing by GMQA; and
You shall NOT remove any notice of copyright, confidentiality, proprietary, or other notice of ownership or attribution from any intellectual property.
Further, to protect the rights of GMQA and Users of GMQA Services, you may not do any of the following while accessing or using the GMQA platforms or systems;
- access, tamper with, or use non-public areas of the platform, GMQA's computer systems, or the technical delivery systems of GMQA's service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, or create a derivative of work of, reverse engineer, reverse assemble, or otherwise attempt to discover any content or source code on the GMQA platforms or Services.
- access or search or attempt to access or search our platforms by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our websites, mobile apps, or Application Programming Interfaces (and only pursuant to those API terms of service.) You may not use a robot or any other automated means to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as GMQA); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus or overloading the platforms or services, or any other manner interfering with or creating an undue burden on the Services.
Unauthorized Uses of Intellectual Property
Audio and video and digital recording and any and all other means of recording GMQA Training Events (workshops, webinars, eLearning courses) and during the course of any and all other GMQA Services are strictly prohibited. GMQA reserves the right to make exceptions and allow for recording under specific, pre-negotiated terms and conditions; these exceptions must be documented in writing by an officer of GMQA and in advance of provision of the GMQA Services.
Audio and Video Recording
By registering for a GMQA Service, you authorize us to record and photograph you and to use the recordings/photographs in all formats and media for any purpose, including for education, marketing and trade purposes. In doing so, you release GMQA from all claims arising out of the use of the recordings/photographs, including without limitation all claims for compensation, libel, invasion of privacy or violation of copyright ownership.
Photography & Video Release
- Workshops. Cancellations received 10 or more days prior to the GMQA Workshop start date may receive a refund minus a USD $100 processing fee. No refunds will be given within 10 days of the workshop start date. However, substitutions are permitted at any time, including on the start date of the workshop, at no cost. Please submit requests for refunds or substitutions to info@GMQA.net. GMQA reserves the right to cancel workshops and is not responsible for any airfare, hotel or other costs incurred by registrants.
- Webinars. Full refunds of registration fees for GMQA Webinars will be made with cancellations received more than 24 hours prior to the webinar's start time. Refunds are not provided for no-shows nor for cancellations received after the webinar link has been provided. However, participant substitutions are permitted if requested via info@GMQA.net prior to the webinar's start time.
You also recognize that cancellation may occur due to events beyond your or our reasonable control and certain terms may apply:
- Force Majeure. If events beyond the reasonable control of either Party (i.e., GMQA or Users), including but not limited to: acts of Nature (such as flood, fire, earthquake, hurricane, or other natural disaster); acts of war, hostility, threats or acts of terrorism, or sabotage; strikes or civil disorder; World Health Organization travel advisory; electrical, cyber-attack, internet, or telecommunication outage; or government restrictions make it impossible, inadvisable, impracticable, or illegal to perform or participate in GMQA Services as originally planned under the contracted Terms of the Service, the affected party may terminate the Services without liability upon written notice to the other Party. For example, if you have registered for a GMQA Workshop but are unable to attend due to a natural disaster affecting your ability to travel to the event, you may cancel your participation in the GMQA Workshop, including within 10 days of the event; under these circumstances, you may send a substitute colleague in your place, or you may request your registration fees be refunded in full, or you may transfer your registration to a future GMQA event, at no cost to you.
- Under General Principles of Contract. If a death or illness renders it impossible for either Party (i.e., GMQA or Users) to perform their side of the bargain, they are excused without liability. For example, if you experience a death in your family or a major illness, you may cancel your participation in a GMQA Workshop, including within 10 days of the event; under these circumstances, you may send a substitute colleague in your place, or you may request your registration fees be refunded in full, or you may transfer your registration to a future GMQA event, at no cost to you. If GMQA cancels an event due to a death or illness that renders it impossible to perform the Services, the registration fees for all registrants will be either refunded in full or transferred in full to a future GMQA event, at no cost to you.
- GMQA reserves the right to cancel workshops due to events beyond our reasonable control and is not responsible for any airfare, hotel or other costs incurred by registrants.
Please contact us at info@GMQA.net to discuss any cancellations or substitutions.
Cancellations & Substitution Policy for GMQA Training Events
Feedback & Questions Submitted by You to GMQA
- Fees. You can access certain portions of GMQA Services (such as via "Registration" for a GMQA workshop, webinar, or eLearning course) by submitting a fee payment ("Paid Services"). Paid Services will remain in effect until the services have been completed, cancelled or terminated in accordance with these Terms. Unless otherwise stated, all fees for GMQA Paid Services are to be paid in U.S. Dollars (USD). Transaction fees and additional fees may also apply to certain portions of GMQA Services, and we will inform you about those fees before charging you.
- Discounts and Promotions. We regularly offer group discounts and run promotions and sales for our GMQA Training Events (such as workshops, webinars, and eLearning courses) that are only available for a set period of time. The price applicable to a GMQA Training Event will be the price at the time you complete your purchase of the course (at checkout).
- Credits and Refunds. In some cases, we may issue credits or refunds to your account, for example, if you are unable to attend a GMQA Training Event due to a family or medical emergency. Credits may expire if not used within the specified period and have no cash value.
- Taxes. All fees are exclusive of applicable national, provincial, state, local or other taxes ("Taxes"), unless explicitly stated otherwise. You are responsible for all applicable Taxes and we will charge Taxes in addition to the fees for Services and products only when required to do so. If GMQA has a legal obligation to pay or collect indirect Taxes (such as goods and services tax) on the sale to you under the laws of your country (where you are established, have a permanent address or usually reside), you shall be liable for payment of any such indirect Taxes. Where GMQA does not have a legal obligation to pay or collect indirect Taxes on a sale of Paid Services to you, you may be required to self-assess those Taxes under the applicable laws of your country, province, state, or locality (where you are established, have a permanent address or usually reside).
- Fee Changes. We may change our fees at any time. We will provide you with advance notice of these fee changes via the Services posted on our platforms and systems or via email communications. New fees will not apply retroactively.
- Chargebacks and Disputes. If you contact your bank or credit card company to decline, dispute, chargeback or otherwise reverse the charge of any payable fees to us ("Chargeback"), we may automatically terminate your Registration in the given Services. If you have questions about a payment made to us, we encourage you to Contact Us before filing a dispute or Chargeback. We reserve our right to dispute any Chargeback.
Paid Services and Fees
We are constantly changing and improving our Services. We may add or remove functions, features, content, or requirements, and we may suspend or stop a Service altogether. Accordingly, GMQA may terminate your use of any Service for any reason and without notice. If your use of a Paid Service is terminated, a refund or substitution or credit may be available under our cancellations policies outlined above. None of GMQA, including its officers, employees, contractors, and other agents shall have any liability to you for any such action. You may terminate your use of our Services at any time, although we'll be sorry to see you go.
Term and Termination
To the fullest extent permitted by applicable law, GMQA makes no warranties, either express or implied, about the Services. The Services are provided "as is" and "as available". GMQA also disclaims any warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from GMQA, shall create any warranty. GMQA further disclaims any and all liability related to your access or use of the Services or any related content. You acknowledge and agree that any access to or use of the Services or such content is at your own risk. However, GMQA will provide the Services with reasonable care.
GMQA shall provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of these Terms. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not GMQA has been informed of the possibility of such damage, and even if a remedy set forth in these Terms is found to have failed its essential purpose. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of GMQA for all claims arising out of or related to the Services and these Terms exceed the paid fees for the Services in dispute.
Limitation of Liability
Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
Waiver & Severability
We welcome your questions, comments, concerns, and feedback about our Services. Please contact us anytime at info@GMQA.net or via our Contact Us page on this website.
How to Contact Us
Please note that we review our Terms of Service from time to time, and that these practices are subject to change to reflect changes in technology, law, our business operations or any other reason we determine is necessary and appropriate. GMQA reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Any change, large or small, will be effective immediately upon posting on this website. We will notify you of any material change to our Terms of Service by posting a notice on this website's homepage for a reasonable period of time following such update, and by changing the effective date (located at the top of this page). We encourage you to return to this page periodically to ensure familiarity with our most current version of these Terms of Service. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.