These Rules of the Castle are the Terms of Use governing the subscription, purchase and use of CastleQuest products, publications or services. Each subscriber must agree to these Rules of the Castle prior to purchasing any licensed CastleQuest products, publications or services.
- Scope. These Terms of Use govern the use of the CastleQuest website owned and operated by Waters Edge Consulting, LLC and all purchases of, or subscriptions for, any CastleQuest products, publications or services, including without limitation, the CastleQuest Briefings (the “Briefings”) and the CastleQuest Maps (the “Maps”) (collectively, all Briefings, Maps and other products, publications or services offered for licensed use or purchase by subscription or sale from time to time are referred to as “Products”). “We”, “CastleQuest” and “Waters Edge” each refer to Waters Edge Consulting, LLC, a Delaware limited liability corporation maintaining its principal office in Reston, Virginia. For the purposes of these Terms of Use, “this website” includes any website directly operated by Waters Edge used to offer or deliver any Products, together with any other website operated for our benefit by third parties, including without limitation those through which the Briefings are delivered and any payment facilities made available. Additional Terms of Use, including policies on the use of personal information, are available directly on those sites. The Waters Edge Terms of Use otherwise govern use of this website.
- Licensed Subscriber. In order to subscribe to a specific Briefing, each Subscriber for a CastleQuest Briefing shall be required to complete and submit to CastleQuest the registration information and payment specified by the CastleQuest website. The submission of the registration information and payment required for a Briefing by a Subscriber shall be deemed to constitute the subscriber’s acceptance of these Terms of Use with respect to their use of this website and their receipt and use of any Products. For the purposes of these Terms of Use, “Subscriber” shall refer to the individual identified by the registration information submitted for any Briefing, together with any person who acted to submit the registration, whether or not the same as the individual so identified; Subscriber shall also refer to any individual or entity who uses, or attempts to use, the Products on behalf of, or in substitution of, the identified individual, whether or not properly authorized to do so.
- Licensed Use of Briefings and Maps. In consideration of the submission of the registration information and payment required for a specific Briefing, and a Subscriber’s acceptance of these Terms, and provided a Subscriber does not violate or otherwise fail to comply with these Terms, Waters Edge shall grant a license to the Subscriber for the non-exclusive, non-transferable limited use of the Briefing and related Maps. Pursuant to such license, the Subscriber shall be entitled to a) attend, participate in and view the content of the designated Briefing on one occasion, whether as a live session or as a recorded, on-demand session, using the registration password generated by Waters Edge; and b) receive and to make professional or personal use of the Maps in connection with their direct performance of ongoing professional responsibilities or for personal learning purposes. The performance of ongoing professional responsibilities or use for personal learning purposes includes the right, as necessary for the personal use of the Subscriber for such purposes, to (i) view any Map on their computer screen, or display the Map from their computer to other persons directly involved in the performance of the Subscriber’s professional responsibilities; (ii) save a single copy of the Map on their hard drive or disk, as well as an additional copy separately copied and preserved for data backup and recovery purposes; (iii) print copies of the Map for their personal use; and (iv) transfer the Map to an additional single computer, such as a portable notebook computer; provided that, for any such uses, the Subscriber does not remove any copyright notices that appear on the Maps and does not modify the information contained on the Maps in any way.
No Subscriber shall use the Briefings and the Maps in any manner that violates the laws of any jurisdiction. The purchase of a license to the Briefings and the Maps does not grant to a Subscriber, and the Subscriber does not receive, any ownership rights in any of the content of the Briefings or the Maps. Nothing in these Terms of Use shall be construed as granting to the Subscriber or any other person or entity any license under any copyright, trademark, patent or other intellectual property right of CastleQuest or any third party, except for the right of use license expressly set forth in these Terms of Use.
The following shall constitute impermissible uses of the Briefings and Maps and are strictly prohibited: a) except in the event a Group License has been purchased (see Group Licenses below), the display of, or shared access to, a Briefing by more than the individual Subscriber, such as in a conference room facility or through shared simultaneous network access to the presentation of a Briefing; b) the duplication, distribution, sharing or other use of any registration or access password enabling access to any Briefing or Map by anyone other than the Subscriber; c) the duplication and distribution by electronic or physical means of any Maps to any recipients other than the Subscriber, including by electronic mail, electronic attachments or the use of facsimile or duplicating machines; d) the uploading, posting or sharing of the content of any Maps onto any website, server or other means to enable access by any number of users (other than when displayed by Subscriber from their computer as permitted above); e) any actual or attempted recording of the audio, video or visible content of any Briefing, including, without limitation, the use of “print screen” or similar technologies to simultaneously capture the content of any Briefing or any display incorporated into any Briefing; f) any attempted or actual overwriting, removal or other alteration of any watermark or similar designation contained within any Map delivered to the Subscriber which identifies the Subscriber as the proper licensee and custodian of such Map; g) any actual or attempted commercial offer for sale or use of any of the Maps, including without limitation, any creation of any derivative works of the Maps; any framing of any portion of the Maps; any service bureau, time-sharing or similar activities; or any attempted or actual reprinting, copying, modifying, translating, porting, publishing, sublicensing, assigning, transferring, selling, or other distribution of any Briefing or Maps without the prior written consent of CastleQuest, or h) any other action or inaction taken to violate the copyright of Waters Edge in any Briefing or Maps.
- Subscription Process. The registration of each potential Subscriber to access the CastleQuest Briefing Catalog and to submit for acceptance purchase orders for Briefings and Maps, as well as purchase other Products, is subject to the acceptance of Waters Edge. Waters Edge may reject any registration, and may terminate any existing registration, in its absolute discretion and without prior notice. In the event a registration is rejected, Waters Edge will notify the individual designated in the submitted registration data within a reasonable period of time.
Upon the proper receipt and processing of such information and payment, CastleQuest will transmit to the e-mail address provided by a Subscriber the registration password required to access the CastleQuest Catalog and purchase CastleQuest Briefings. Subscribers shall be solely responsible for the safekeeping and proper use of any and all registration passwords provided by CastleQuest; we shall be entitled to consider any use of any registration password issued to a Subscriber to be authorized unless and until a Subscriber notifies us that the security of a password has been compromised and instructs us to suspend any use of such password.
CastleQuest shall be entitled to the presumption that the submission of any registration information for or on behalf of an individual Subscriber has been duly authorized and that the Subscriber is duly authorized to use any credit card that is tendered for payment for the purchase of any Briefings or other Products.
CastleQuest reserves the right to cancel the ability of any Subscriber to purchase future CastleQuest Briefings or other Products for any reason, or no reason, including if circumstances indicate any likelihood that these Terms of Use have been violated (such as actual or attempted multiple log-ins from one registration, or evidence of the improper distribution or use of any Maps).
- Cancellations.
5.1. Cancellations by Subscriber.
Subscribers may cancel their attendance at any live Briefings by delivering written notice of cancellation by electronic mail to cqadmin@wec-llc.com not later than 48 hours before the Briefing start date to receive a refund (less a $50 processing fee). Subscribers should save all e-mail correspondence to and from CastleQuest. Refunds will be applied to the same credit card that purchased the Briefing and will be processed within 10 business days following the receipt of a written request.
No refunds will be given for cancellation requests received after the deadline. No-shows and failure to join the live event at the broadcast time (e.g., late arrivals, unattended programs, or early departures) are not eligible for refunds; however, CastleQuest will make reasonable efforts to enable the no-show Subscriber to register for any subsequent scheduled live Briefing or obtain access to a recorded on-demand Briefing.
5.2. Cancellations by CastleQuest.
Unforeseen circumstances, such as the illness of a lecturer or the unscheduled unavailability of Internet services, may necessitate the rescheduling or cancellation of a live CastleQuest Briefing. In the unlikely event a cancellation or rescheduling by CastleQuest is required, CastleQuest will notify all affected Subscribers via electronic-mail or telephone, and provide alternative scheduling arrangements. In the event CastleQuest is unable to offer a rescheduled live Briefing within 30 days of the original date, Subscribers may request, and CastleQuest will provide, a full refund.
- Group Licenses. Subscribers wishing to make Briefings, Maps or other Products available to other persons, including enabling group viewing of Briefings, the electronic distribution of Maps or other collaborative activities, may purchase group licenses suitable to their requirements. Subscribers wishing to purchase group licenses should contact cqadmin@wec-llc.com.
- Privacy Policy. These Terms of Use incorporate by reference the Waters Edge Privacy Policy, which may be accessed here.
- Submissions to CastleQuest. From time to time, CastleQuest will invite Subscribers and other users of this website to submit, and Subscribers and other users may submit without invitation, ideas, content suggestions or reviews of existing or planned Briefings, Maps or other Products (collectively, “Submissions”). All Submissions, when transmitted to CastleQuest, whether through this website by posting, uploading, forms completion or by other means, including electronic mail, will be considered “Posted” when actually received by CastleQuest; however, CastleQuest will have no obligation to acknowledge the receipt of any Submission. Any information submitted to CastleQuest (“Submissions”) will be deemed NOT CONFIDENTIAL. By Posting a Submission, the individual doing so warrants and represents to CastleQuest, its officers, directors, employees, agents, service providers and representatives, that such individual owns or otherwise controls all of the rights to the Submission, including, without limitation, all the rights necessary to transmit the Submissions. Unless otherwise specified, Waters Edge does not claim ownership of the materials included in any Submissions. However, by Posting a Submission, the individual doing so, in consideration of their use of this Website, grants an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute the content of any Submissions for any and all commercial and non-commercial purposes, without compensation in the form or royalties or any other payment being due or payable to the individual Posting a Submission.
In addition to the warranty and representation set forth above, by Posting a Submission, the individual doing so further warrants and represents to CastleQuest, its officers, directors, employees, agents, service providers and representatives that the individual (a) is the copyright owner of any copyrighted materials included in the Submission, or that the copyright owner has granted suitable permission to use such materials in the Submission and as otherwise permitted by these Terms of Use, and (b) has the rights necessary to grant the licenses and sublicenses described in these Terms of Use. By Posting your Submission, an individual shall be deemed to grant to the general public permission to use the materials included in any Submission, including, without limitation, by granting a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat such materials.
Submitting individuals, not Waters Edge, are entirely responsible for all Submissions that are transmitted via this website or other means. All individuals considering Posting Submissions are prohibited from posting or transmitting to or from this website any libelous, obscene, defamatory, pornographic, or other materials that would violate any applicable laws. However, if such communications do occur, Waters Edge will have no liability related to the content of any such communications.
In using this website or any Products, the user is deemed to acknowledge that a) Waters Edge does not pre-screen Submissions, but that Waters Edge has the right, acting in its sole discretion, to block or restrict access to or the availability of, or to disable, any Submissions; b) Waters Edge is not responsible for the accuracy of any information included in any Submissions that are posted and displayed on this website or incorporated into any Products, and that all Submissions, whether publicly posted or privately transmitted, are the sole responsibility of the person Posting such Submissions; c) they may be exposed to Submissions from others that are offensive, indecent or objectionable, for which Waters Edge is not responsible; d) without limiting the foregoing, Waters Edge may disable, restrict access to or limit the availability of any Submissions that violates these Terms of Use or is considered otherwise objectionable; and e) they must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.
- Copyright Infringement. Waters Edge will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this website:
David Lacki, Esq.
Waters Edge Consulting, LLC
Suite 200
1608 Waters Edge Lane
Reston, VA 20190
Tel: +1.240.235.5020
david@wec-llc.com
To be effective, the Notification must include the following:
(i) An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;
(ii) A description of the copyrighted work claimed to have been infringed;
(iii) A description of the location of the infringing material and information reasonably sufficient to permit Waters Edge to locate the material;
(v) Your contact information, including your address, telephone number, and email address;
(vi) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vii) A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.
- Choice of Law and Jurisdictional Issues. This website is controlled and operated by Waters Edge Consulting, LLC from its offices within the Commonwealth of Virginia, United States of America. We make no representation that materials in our website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent, local laws are applicable.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without giving effect to any principles of conflicts of law. 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 Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Minors. Waters Edge does not knowingly collect information from anyone under the age of 16. This site is directed at those who are over the age of 18. If someone is under the age of 18, they should only use this site under the supervision of an adult.
- Indemnification. You agree to indemnify Waters Edge and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney's fees, resulting from your breach of any of the provisions of the Terms of Use.
- Notice. Any notices required or permitted to be given under these Terms of Use shall be sufficient if in writing and personally delivered, sent by confirmed facsimile transmission, by certified mail (or, as applicable, the foreign equivalent thereof if reasonably possible; but if not possible, then by first-class regular mail or the foreign equivalent thereof) or sent by express courier (by a nationally or internationally recognized courier) to the other party at its address set forth herein. The date upon which any such notice is so personally delivered, or if the notice is given by registered or certified mail, the date five (5) days after it is deposited in the mail, or if the notice is given by electronic mail, telex or facsimile, the date the electronic mail, telex or facsimile is sent, shall be deemed to be the date of such notice, irrespective of the date appearing therein. No notice shall be effective unless a copy of the notice is directed to:
David Lacki, Esq.
Waters Edge Consulting, LLC
Suite 200
1608 Waters Edge Lane
Reston, VA 20190
Tel: +1.240.235.5020
david@wec-llc.com
- Assignment and Succession. You may not grant, devise, or otherwise assign any rights or benefits under these Terms of Use to any other party. Notwithstanding any other provision of this agreement, Waters Edge, its successors and assigns may fully enforce any term or provision of these Terms of Use, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.
- Complete Integration. This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and Waters Edge Consulting, LLC and supersedes any provision, understanding, or agreements (whether oral or written) and may not be modified except in writing or by making such changes available on this Web Site. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of either party to enforce performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver of any such provision or right and the same will be and remain in full force and effect. We will not waive the right to enforce any provision of this agreement except in writing. If you have any questions about these Terms of Use, please email us at: info@wec-llc.com.
- Amendments or Modifications. These Terms of Use, including the Privacy Policy can change at any time without notice. It is the responsibility of the user to periodically check this url: http://www.wec-llc.com/terms.html.
- No Warranties. THIS WEBSITE AND ALL OF THE CONTENT OF THIS WEBSITE AND ALL PRODUCTS (“CONTENT”) ARE PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. CASTLEQUEST, ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE WEBSITE AND CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE WEBSITE AND MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ADVICE OR INFORMATION GIVEN BY CASTLEQUEST, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES OR AUTHORIZED AGENTS SHALL CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. YOUR USE OF THIS WEBSITE AND THE MATERIALS IS SOLELY AT YOUR OWN RISK.
CASTLEQUEST BRIEFINGS AND MAPS ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONTAIN OR CONVEY LEGAL ADVICE. THE INFORMATION CONTAINED IN ANY BRIEFINGS OR MAPS SHOULD BE USED OR RELIED UPON IN REGARD TO ANY PARTICULAR CIRCUMSTANCES IN CONSULTATION WITH SUITABLE LEGAL COUNSEL OR IT PROFESSIONALS. WATERS EDGE AND ANY CONTRIBUTING EDITORS OR ADVISORS EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY BRIEFING OR ANY MAP.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
- Assumption of Risk. Your use of the website and all Content is at YOUR OWN RISK and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes and/or enhancements of the website and Content. We are not responsible for the goods or services of any corporation sponsoring or underwriting any CastleQuest Briefings. We are not responsible for the inability of Subscriber to access the Briefings or receive the Maps due to technical limitations or controls imposed by their network or service provider.
- Inaccuracies and Revisions. Please note that the Content may include technical inaccuracies or typographical errors. CastleQuest has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the website or Content, including, but not limited to, the software, content, hours of availability, equipment needed for access or use, or the availability of the website or Content on any particular device or communications service. CastleQuest has no obligation to provide you with notice of any such changes.
- Government End Users. If you are accessing the Content or any Products by or on behalf of the United States government or any other entity seeking or applying rights similar to those customarily claimed by the United States government, the Content and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”. Consistent with 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Content and all Products are being licensed to the U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States. Manufacturer is Waters Edge Consulting, LLC, Suite 200, 1608 Waters Edge Lane, Reston, VA 20190, USA.
- Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL CASTLEQUEST, ITS AFFILIATES, DIRECTORS, EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE "CASTLEQUEST GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, MISUSE OF, INABILITY TO USE, OR RELIANCE UPON THIS WEBSITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, BUSINESS OPPORTUNITIES, OR PROFITS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE CASTLEQUEST GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE CASTLEQUEST GROUP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE CASTLEQUEST GROUP BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY EXTERNAL SITES LINKED FROM THIS WEBSITE.
Without limiting the foregoing, under no circumstances shall the CastleQuest Group be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
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