4MATion Training Design Center 

Web Site Terms and Conditions of Use

1. Terms
By accessing this web site, the 4MATION web-based lesson design and assessment software, you are agreeing to be bound by these web site Terms and Conditions of Use (“TCU”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. This web site and the materials contained in or accessible via the web site are protected by copyright and trademark law.

2. Use License
a. This is the grant of a license, not a transfer of title, and under this license you may not:

    i. Modify or copy, in whole or in part, the web site’s content (including, graphics, text, data), design, layout or look and feel or any software or other materials contained on JOB Consulting, LLC’s web site (all such items collectively referred to hereinafter as “Materials”);
    ii. Attempt to decompile, reverse engineer, redistribute or reproduce any software or other Materials;
    iii. Remove or alter any copyright or other proprietary notations from the Materials; or
    iv. Transfer the Materials to another person or "mirror" the Materials on any other server; or
    v. Use the trademarks 4MAT or 4MATION or any confusingly similar term as part of your business name, domain name, in Internet key word advertising or in other ways, except as JOB Consulting has expressly agreed in writing.
b. You agree, in consideration of this license and as a condition of these TCU, that you will:
    i. Pay, in full and on a timely basis, JOB Consulting LLC’s fees for use of this license and related services or Materials; and
    ii. Assume responsibility for the security and maintenance of your data, training documents and other records that you transmit to JOB Consulting, LLC or that you upload via the web site, bear all risks associated with your transmission or uploading of all such records by use of the web site or its Materials, and, in this connection, you agree to create and maintain, on your own server, a database that contains all of your records that are stored on any server made available by JOB Consulting, LLC.
c. This license shall automatically terminate if you violate any of these TCU and may be terminated by JOB Consulting, LLC at any time for any reason. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession whether in electronic or printed format and refrain from using the terms 4MAT or 4MATION, or any confusingly similar term, in any and all ways.

3. Disclaimer
The Materials on JOB Consulting, LLC's web site and any support services furnished by JOB Consulting or its suppliers are provided "AS IS". JOB CONSULTING, LLC MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, JOB CONSULTING, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, AVAILABILITY, TIMELINESS, OR RELIABILITY (i) OF THE USE OF THIS WEB SITE OR THE MATERIALS ON THE WEB SITE OR ANY SITE LINKED TO THE WEB SITE, (ii) OF ANY DATA, DOCUMENTS OR OTHER INFORMATION OR MATERIALS STORED ON JOB CONSULTING, LLC’s SERVERS OR OTHERWISE FURNISHED OR TRANSMITTED BY YOU OR BY JOB CONSULTING, LLC IN THE COURSE OF YOUR ACCESSING OR USING THIS WEB SITE, OR OTHERWISE (iii) RELATING TO ANY OF THE FOREGOING INFORMATION, DATA, DOCUMENTS OR MATERIALS OR TO JOB CONSULTING’S ACTIONS OR OMISSIONS. 4. Limitations IN NO EVENT SHALL JOB CONSULTING, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION), ARISING OUT OF THE USE OR INABILITY TO USE, DELIVERY, OR PERFORMANCE OF JOB CONSULTING, LLC's WEB SITE, INCLUDING THE MATERIALS ON THE WEB SITE AND ANY RECORDS YOU TRANSMIT OR UPLOAD VIA THE WEB SITE, ANY ERRORS OR OMISSIONS IN THE WEB SITE’S OPERATION OR MATERIALS, OR OTHERWISE RELATED TO YOUR RELATIONSHIP OR TRANSACTIONS WITH JOB CONSULTING, LLC, INCLUDING JOB CONSULTING, LLC’S SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, FEDERAL, STATE OR LOCAL LAW, OR OTHERWISE, EVEN IF JOB CONSULTING, LLC OR A JOB CONSULTING, LLC AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. NEITHER JOB CONSULTING, LLC NOR ITS AGENTS SHALL BE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MODEM, CELL PHONE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE WEB SITE OR THESE TERMS OF USE, YOUR SOLE REMEDY IS TO REFRAIN FROM ACCESSING THE SOFTWARE, IN RETURN FOR A REFUND OF ANY LICENSE FEES YOU MAY HAVE PAID BEFORE CLICKING ON THIS LICENSE, PROVIDED THAT YOU HAVE NOT PREVIOUSLY AGREED, AND DO NOT AGREE, TO THIS LICENSE BY CLICKING YOUR CONSENT TO THESE TCU. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE), THE ENTIRE LIABILITY OF JOB CONSULTING, LLC AND ANY OF ITS SUPPLIERS, AGENTS OR LICENSORS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU TO JOB CONSULTING, LLC AS LICENSING FEES DURING THE PREVIOUS TWELVE MONTHS BEFORE YOUR CLAIM ARISES OR U.S. $75.00. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

5. Revisions and Errata
The materials appearing on JOB Consulting, LLC's web site could include technical, typographical, or photographic errors. JOB Consulting, LLC does not warrant that any of the Materials on its web site are accurate, complete, or current. JOB Consulting, LLC may make changes to the Materials contained on its web site at any time without notice. JOB Consulting, LLC does not, however, make any commitment to update the Materials.

6. Links
JOB Consulting, LLC has not reviewed all of the sites linked to its web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by JOB Consulting, LLC of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications
JOB Consulting, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Indemnity
You agree to defend, indemnify and hold JOB Consulting, LLC harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorney’s fees arising out of or in connection with this TCU including, without limitation
(a) your use of the web site or its Materials;
(b) your violation of these TCU or any law, rule or regulation;
(c) your use of the Materials; or (d) any of your uploaded information. You will cooperate as fully and reasonably as required by JOB Consulting, LLC in the defense of any claim. JOB Consulting, LLC retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against it and in no event shall you settle any such claim without the prior written approval of JOB Consulting, LLC.

9. Governing Law
Any claim relating to JOB Consulting, LLC's web site, these TCU, or to your transactions or relationship with JOB Consulting, LLC shall be governed by the laws of the State of Louisiana without regard to its conflict of law provisions. You waive all rights to trial by jury in any action or proceeding instituted in connection with this TCU, this web site and/or your relationship and transactions with JOB Consulting, LLC. Any controversy or claim arising out of or relating to this TCU, web site or JOB Consulting shall be settled by binding arbitration by a single arbitrator in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Louisiana, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this TCU, and/or for entering any judgment on an arbitration award shall take place in Louisiana. You waive the defense of forum non conveniens.