1. ACCEPTANCE OF TERMS
Welcome to Service Quality Institute, customer-service.com, and its web-based store, store.customer-service.com (hereafter “the Site”). All visitors to this site, as well as customers of the store, are hereafter a “User,” your use of the site is subject to these Terms of Service (“TOS”). Service Quality Institute reserves the right to update and change the TOS from time to time, so please check back regularly. By using the Site, you signify your irrevocable acceptance of this TOS.
2. DESCRIPTION OF SERVICE
Service Quality Institute provides Users with customer service improvement information, advice, books and training materials.
Only these terms and conditions apply to the sale of merchandise by us. Any other terms and conditions will only apply if they have been accepted by us.
3. PAYMENT TERMS
We may make certain products available to users of the Site. You may only order products if you are 18 years old or older. You agree to pay in full the prices (and all applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Service Quality Institute. If payment is not received by us from your credit, debit card issuer or its agents, or other methods, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
4. PROHIBITED USER CONDUCT
Users agree that, while using the Site and the Site’s various services and features, Users will not:
·impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any person or entity, including without limitation, anyone from Service Quality Instute or the Site;
insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services
obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means;
· engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information;
· engage in any automatic means of accessing, logging-in or registering on the Site or for any of the Site’s services or features, or obtaining lists of users or obtaining or accessing other information, services or features on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site;
· use the Site or the Site’s services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
· use the Site or the Site’s services or features in violation of Service Quality Institutes’s or any third party’s intellectual property or other proprietary or legal rights;
· use the Site or the Site’s services in violation of any applicable law;
· attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the Site or the Site’s services, or any content on the Site or the Site’s services; or
· obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
5. SERVICE QUALITY INSTITUTE PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.
6. ADDITIONAL SOFTWARE
With respect to any additional software that may be made available by Service Quality Institute in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
7. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Service Quality Institute shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
9. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Service Quality Institute has no control over such sites and resources, you acknowledge and agree that Service Quality Institute is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Service Quality Institute shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. INDEMNITY
You agree to indemnify and hold Service Quality Institute, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to your use of the Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Site, including, but not limited to, costs incurred for Internet access.
11. RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, access to the Site, products sold through the Site without the express permission by Service Quality Institute.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Service Quality Institute may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.
13. MODIFICATIONS TO SITE
Service Quality Institute reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice at any time. You agree that Service Quality Institute shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
14. SERVICE QUALITY INSTITUTE’S PROPRIETARY RIGHTS
You acknowledge and agree that the Site and any necessary software used in connection with the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Service Quality Institute or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Service Quality Institute does not want to receive confidential or proprietary information from you through email. Unless otherwise agreed in writing by an authorized Service Quality Institute representative, any material, information or idea you transmit to Service Quality Institute by any means may be disseminated or used by Service Quality Institute or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SERVICE QUALITY INSTITUTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SERVICE QUALITY INSTITUTE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, SERVICE QUALITY INSTITUTE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. SERVICE QUALITY INSTITUTE DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERVICE QUALITY INSTITUTE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SERVICE QUALITY INSTITUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
17. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the U.S. Government constitutes acknowledgment of Service Quality Institute’s proprietary rights in them.
18. GENERAL
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and Service Quality Institute shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You and Service Quality Institute agree to submit to the personal and exclusive jurisdiction of the courts located within Minneapolis, Minnesota. The failure of Service Quality Institute to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Service Quality Institute and govern your use of the Site, superseding any prior agreements between you and Service Quality Institute (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Service Quality Institute services, third-party content or third-party software. If any provision of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
19. VIOLATIONS
Please report any violations of the TOS to our quality@servicequality.com
Copyright (c) 2013 Service Quality Institute The Global Leader in Customer Service. All Rights Reserved
