YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
Please note: You are not allowed to copy, lend, redistribute, sell, lease, or license the content purchased on this website in any form. All training products on the flexAEM.com website (this Web Site, or the Site or, our Site) are intended for your personal use subject to the License Agreement and other conditions specified below. Educational institutions who wish to use flexAEM training materials as part of their curriculum must purchase those materials, and may do so in the form of academic pricing packages; more information on this can be found further down on this page.
Please read this agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the Terms and Conditions of this agreement. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the website or use any services. The following terms and conditions govern all use of the flexAEM.com website and all content, services and products available through the website.
These Terms and Conditions of Use are effective as of March 1, 2014.
Use of Site
You may view and download the materials at this Site only for your personal use. You must retain all copyright, trademark, and other proprietary notices contained in the original materials on any copy of the materials. You may not modify the materials at this Site in any way. You may not copy, reproduce, publish, publicly display, transfer, sell or offer for sale, distribute, enter in a database, or create derivative works from the materials or use them in any way for any public or commercial purpose. You may not copy this material, by any means (including electronic copies), for distribution to others unless you have purchased the appropriate number of copies. Any party receiving a copy of the material is bound by these use restrictions and may not copy or further distribute the material. Any use of these materials on any other Web site or networked computer environment (including any personal network or email distribution) for any use is prohibited. Because the materials are copyrighted, any unauthorized use of them may violate copyright, trademark, and other laws. You may not use flexAEM Training Materials in a manner that violates the Copyright Act (17 U.S.C.A. 21) and/or the fair use exception of that Act. You may not transfer, sell, assign, or otherwise transfer your rights or obligations under this Agreement. By using this Site, you promise Provider that you will not use this Site for any unlawful or prohibited purposes.
Information About Us
flexAEM.com is a web site operated by McLane Environmental, LLC, 707 Alexander Road, Suite 206, Princeton NJ 08540-6331 (under the trading name of flexAEM). If you would like information on how to contact us, click Contact flexAEM or visit the Contact flexAEM page on the Site. We welcome your comments or suggestions regarding our Site. Please send your comments or concerns to us at support@flexAEM.com.
When purchasing flexAEM Training Materials, Provider grants you a limited, non-exclusive license to download the Specific Training Materials via the flexAEM website. The Training Materials are the sole and exclusive property of Provider and nothing herein grants you any distribution rights to the Training Materials.
You are not authorized to:
- Share your site access credentials, Payment Account information, or interactive area submission credentials with others for unauthorized or illegal purposes;
- Allow more than one individual to access training downloaded via your site access credential or Payment Account;
- Copy, modify or distribute any of the Training Materials;
- Remove any copyright or proprietary notice included on or in any Training Materials;
- Circumvent or attempt to circumvent any encryption, security code, or other protection used in connection with the Training Materials;
- Capture screen shots of Training Materials; or Make Training Materials available to others in any format.
flexAEM Training Materials are delivered as downloadable digital files through download links provided in the confirmation email you will receive after completing a purchase via PayPal. Your confirmation email will be sent from “email@example.com via mail.digitalproductdelivery.com”. Download links will be available for three days and for up to five attempts at downloading the file. We do not ship DVD's as we follow a green policy with digital content only to help reduce the carbon footprint associated with shipping and production of plastic containers.
Use at Your Own Risk
This Site contains information, advice, opinions, links to third-party Web sites, and material from third-party information and content providers. Neither McLane Environmental LLC nor these third-party providers represent or endorse the accuracy, completeness, or reliability of any advice, opinion, statement, or other information presented on this Site by McLane Environmental LLC, third-party providers, third-party Web sites, or by any other person or entity to you. Neither McLane Environmental LLC nor its third-party information or content providers, nor any of their respective affiliates, agents, or employees, shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, usefulness, validity, deletion, defect, failure of performance, computer virus, communication line failure, or alteration of or use of any content or link herein, regardless of cause, or for any damages resulting therefrom. You rely upon and use this Site, including links, opinion, advice, statements, or any other information presented here, at your own risk and your sole remedy, if dissatisfied, is to discontinue use of this Site.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE, OR OBTAINED OR PURCHASED BY YOU FROM THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notice Specific to Software Available on This Web Site
Any software that is made available to download from the Services ("Software") is the copyrighted work of McLane Environmental LLC. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement").
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, PROVIDER MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PROVIDER DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN FLEXAEM SOFTWARE PRODUCTS.
Notice Specific to Documents Available on This Web Site
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) offered freely from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
PROVIDER MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PROVIDER MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
Electronic Products and Publications
Digital tutorial booklets (PDF or similar format files), Webinars, Books, videos, software tools and other training publications are provided "as is." No refunds or exchanges are allowed. All flexAEM published material is provided for educational purposes only. Their intended use is as instructions and recommended guidelines in the learning of analytical and computational techniques. No guarantees are made regarding the results that will be obtained with suggested techniques.
Educational Use by Institutions
flexAEM Training Materials are issued under a single user license and are intended for individuals who wish to self-train, therefore any public or communal screening or presentation of flexAEM Training Materials is strictly prohibited and is a serious violation of our Terms and Conditions and International Copyright Laws.
Educational institutions who wish to use flexAEM Training Materials for classroom instruction must purchase the materials, and may do so by purchasing academic packages of training materials and software tools available at special pricing. Please review academic pricing information available on our web site, or contact us at support@flexAEM.com for more information about purchasing the Academic Versions of flexAEM Training Materials.
Errors and Corrections
Provider does not represent or warrant that this Web Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content or Postings at any time.
Links to Other Web Sites
Provider makes no representation whatsoever regarding the content of any other web sites, which you may access from this site. When you access a non-flexAEM.com web site, please understand that it is independent from Provider and that Provider has no control over the content on that web site. A link to a non-flexAEM.com web site does not mean that Provider endorses or accepts any responsibility for the content or use of such web site.
Postings in Interactive Areas of this Web Site
We permit you to post or send to us comments, information, ideas, concepts, reviews, or techniques and other material relating to Products and Services (each a "Response").
(a) Restrictions on Response Content
You are not permitted to post Responses that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; language invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law; URLs, phone numbers, mailing or e-mail addresses, or other personal information; misleading information regarding the origin of the Response; or a discussion of the Provider's policies or services. We do not regularly review the Responses posted on our Site; however, we reserve the right to reject, remove or edit any such Responses at any time without notice to you. You understand and agree that we may, but are not obligated to, review Responses and may delete or remove them (without notice to you) in our sole and absolute discretion, for any reason or no reason. In addition, we may use Responses for the purposes set forth under the "Use of Responses: License Grant" section below.
Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in an Interactive Area allows you to create a screen name, you may elect and use a screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.
(b) Use of Responses: License Grant
Provider is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each a "Response"), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site or the Products and Services. Furthermore, by posting any Response on our site, submitting a Response to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Response submitted in any media, software or technology of any kind now existing or developed in the future.
BY SUBMITTING A RESPONSE, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR RESPONSE, INCLUDING YOUR RATING OF A PRODUCT OR SERVICE, TO A PUBLIC FORUM, INCLUDING OTHER USERS OF OUR SITE. IF YOU DO NOT WANT YOUR RESPONSES TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE RESPONSE FEATURE ON OUR SITE.
You shall not distribute on or through this Web Site any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Provider. Notwithstanding the foregoing, in any interactive areas of this Web Site (the "Interactive Areas"), which includes, without limitation, any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features, where appropriate you a) may list along with your name, address and email address, your own web site's URL and b) may recommend third party web sites, goods or services so long as you have no financial interest in and receive no direct or indirect benefit from such recommended web site, product or service or its recommendation. In no event may any person or entity solicit anyone with data retrieved from this Web Site.
This agreement shall be governed by and construed in accordance with laws of the State of New Jersey, United States of America, without giving effect to any principles of conflicts of law. If any provision of this agreement is held to 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. This is the entire agreement between the parties relating to the subject matter herein.
Copyright © 2014 McLane Environmental, LLC. All rights reserved.
flexAEM is trademark of McLane Environmental, LLC in the U.S. and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, facilities, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, facility, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Send your questions to support@flexAEM.com.
Updated April 22, 2014