Terms of Use
MKJ Marketing (“MKJ”) maintains this website, any courses offered and other linked and related sites (the “Site”) for the use of its customers and other Site users (“User” or “Users”) upon agreement to the following terms. Please read the terms carefully before using the Site. Use of this website indicates acceptance of these “Terms of Use” and forms a binding agreement between you and MKJ. If you do not agree to these terms, do not use this Site.
1. Use of Site
MKJ provides various materials, quizzes, tests, questions, and other information on this and related sites and in courses offered through this site (the “Materials”). Users may not modify the Materials on this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
2. Access to the Materials
We will take all commercially reasonable steps to provide you with uninterrupted access to the Materials. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. “Commercially reasonable” in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money. Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Materials or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
3. Trademark and Copyright
AdvanceU, and certain other brands, trademarks, and service marks are marks of MKJ. All rights, title and interest in intellectual property rights relating to the Materials and the Site including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by MKJ. While you may use the intellectual property, you understand that there shall be no transfer of ownership of the same.
4. No Warranty
The Materials provided at this Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We also do not warrant that the materials will be error free, including technical inaccuracies.
5. Limitation of Liability
In no event will MKJ, its suppliers, or other third parties mentioned at this Site be liable for any damages whatsoever (including, without limitation, those resulting from lower test scores, interruption of services or inaccurate information) arising out of the use, inability to use, or the results of the use of this Site, any websites linked to this Site, or the Materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the Materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
6. Applicable Law
These Terms of Use shall be interpreted according to the laws of the State of Tennessee without regard for its laws regarding conflicts of laws. The parties consent to the jurisdiction of the state and federal courts within the geographic boundaries of the U.S. District Court for the Middle District of Tennessee for the resolution of any dispute relating to or arising under these Terms of Use.
7. Effective Date and Updates
These Terms of Use are effective as of June 2020, and are subject to change without notice by MKJ at any time. You agree to review these Terms of Use periodically to ensure that you are aware of any changes, which may be made at any time. Your use of this Site after such changes constitutes your agreement to the changes.