Double Masters Terms of Use
By clicking the "I Accept" button displayed as part of the session registration process, you agree to the following terms and conditions (The "Agreement") governing your use of the Double Masters online service. If you are entering into this agreement on behalf of a company or university, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms "You" or "Your" shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not select the "I Accept" button and may not use the service.
1. Description of Service
Double Masters is providing you with project management simulations in the form of Software as a Service (The "Service"), which includes a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Double Masters website incorporated by reference herein, including but not limited to Double Masters privacy policies. For reference, a Definitions section is included at the end of this Agreement.
2. Privacy Disclosure
The Double Masters privacy policy may be viewed at https://www.doublemasters.com. Double Masters reserves the right to modify its privacy policy at its reasonable discretion from time to time.
3. License Grant & Restrictions
Double Masters hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own educational purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Double Masters.
You may not access the Service if you are a direct competitor of Double Masters, except with Double Masters prior written consent. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet links to the Service or frame or mirror any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User accounts cannot be shared or used by more than one individual User.
You may use the Service only for your own educational purposes and shall not: (i) enter or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (iii) attempt to gain unauthorized access to the Service or its related systems or networks.
4. Your Responsibilities
You are responsible for all activity occurring under your User Account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify Double Masters immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Double Masters immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; and (iii) not impersonate another Double Masters user or provide false identity information to gain access to or use the Service.
5. Account Information and Activity
Double Masters owns any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). Double Masters shall not be responsible or liable for the deletion, destruction, damage, loss or failure to store any Customer Data. Double Masters reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon expiration of each paid simulation session, your right to access the Customer Data will cease unless you request an extension which must be approved. Double Masters shall have no obligation to maintain or forward any Customer Data for demo or free sessions.
6. Intellectual Property Ownership
Double Masters alone shall own all rights, title and interest, including all related Intellectual Property Rights, in and to the Double Masters Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Double Masters Technology or the Intellectual Property Rights owned by Double Masters. The Double Masters name, the Double Masters logo, and the product names associated with the Service are trademarks of Double Masters or third parties, and no right or license is granted to use them.
7. Payment of Fees
You shall pay all fees to your account in accordance with the charges in effect at the time a charge is due and payable during session registration. All amounts paid are nonrefundable once the simulation has been accessed. You must provide Double Masters with a valid credit card or PayPalTM account as a condition to register for the Service. Arrangements with universities or corporations for payment by check or direct deposit can be made separately. Double Masters reserves the right to modify its fees.
8. Billing
Double Masters charges in U.S dollars and collects in advance for use of the Service. You agree to provide Double Masters with complete and accurate billing and contact information. This information includes your legal name, street address, and e-mail address. If the contact information you have provided is false or fraudulent, Double Masters reserves the right to terminate your access to the Service, in addition to any other legal remedies if applicable.
9. Termination upon Expiration
This Agreement commences on the Effective Date on which you register for a Double Masters session. The access start and end date of Service is defined by your organization or sponsor and may be terminated at Double Masters sole discretion. Upon the expiration of the term, you agree and acknowledge that Double Masters has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.
10. Termination for Cause
Any breach of your payment obligations or unauthorized use of the Double Masters Technology or Service will be deemed a material breach of this Agreement. Double Masters, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Double Masters may terminate a free account at any time in its sole discretion. You agree and acknowledge that Double Masters has no obligation to retain Customer Data, and may delete that data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
11. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Double Masters represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
12. Indemnification
You shall indemnify and hold Double Masters, its affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.
13. Disclaimer of Warranties
DOUBLE MASTERS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. DOUBLE MASTERS DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY DOUBLE MASTERS.
14. Interruption to Service
Double Masters reserves the right to modify or discontinue the Service. Double Masters shall not be liable to you or any third party should Double Masters exercise its right to modify or discontinue the Service. You accept and acknowledge that Double Masters does not guarantee continuous, uninterrupted or secure access to its website and operation of the Double Masters website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
DOUBLE MASTERS SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. DOUBLE MASTERS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
15. Limitation of Liability
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Notice
Double Masters may give notice by means of a general notice on the Service, electronic mail to your email address on record in Double Masters account information, or by written communication sent by first class mail or pre-paid post to your address on record in Double Masters account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending electronically (if sent by email). You may give notice to Double Masters (such notice shall be deemed given when received by Double Masters) at any time by overnight delivery service or first class postage prepaid mail at the following address: Double Masters LLC, PO Box 170798, Boston, Massachusetts 02117, or by email to info@doublemasters.com.
17. Modification to Terms
Double Masters reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
18. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of Double Masters but may be assigned without your consent by Double Masters to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of you that results or would result in a direct competitor of Double Masters directly or indirectly owning or controlling 50% or more of you shall entitle Double Masters to terminate this Agreement for cause immediately upon written notice.
19. General
This Agreement shall be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts. Double Masters makes no representation that its website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Double Masters website, you agree to do so subject to the internal laws of the Commonwealth of Massachusetts, USA.
No text or information set forth on any other preprinted form or document (other than the sales receipt, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Double Masters as a result of this agreement or use of the Service. The failure of Double Masters to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Double Masters in writing. This Agreement, together with any applicable sales receipt, comprises the entire agreement between you and Double Masters and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
20. Definitions
As used in this Agreement or hereafter associated herewith: "Agreement" means these online terms of use, and any materials available on the Double Masters website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Double Masters from time to time at its sole discretion; "Content" means the audio and visual information, including website design, text, graphics, documents, software, products and services contained or made available to you in the course of using the Service; "Customer Data" means any data, information or material provided or submitted by you to the Service in the course of using the Service; "Effective Date" means either the date this Agreement is accepted by selecting the "I Accept" option presented during the session registration process or the date you begin using the Service; "Term" means the Service term, beginning on the Service start date and ending on the Service end date, specified on your "My Account" page within the Double Masters website; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "Double Masters" means collectively Double Master LLC, a Massachusetts corporation, having its business address at PO Box 170798, Boston, Massachusetts 02117; "Double Masters Technology" means all of Double Masters proprietary technology (including software, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Double Masters in providing the Service; "Service(s) " means the specific project management simulation or other services identified, developed, operated, and maintained by Double Masters, accessible via http://www.doublemasters.com and services provided to you by Double Masters, to which you are being granted access under this Agreement, including the Double Masters Technology and the Content; "User(s)" means you who is authorized to use the Service and has been supplied user identifications and passwords by you (or by Double Masters at your request).
Questions
If you have questions regarding this Agreement, please send email to info@doublemasters.com.
