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1. Payment Processing
All payment transactions processed on behalf of a user (“User” or “You”) by onDemand QA/ Thought Frameworks (hereinafter “onDemandQA”) shall be subject to onDemandQA’s Terms and conditions of Use and any other terms and conditions posted on the onDemandQA website (www.onDemandQA.com), including but not limited to onDemandQA’s Privacy Policy. By electing to complete your payment processing transaction, you agree onDemandQA processing of payments on your behalf in accordance with your instructions, subject to the onDemand’s terms and Conditions of Use and onDemandQA Privacy Policy. You remain the owner of any personal information or User Data that you provide to onDemandQA, but by providing such information to onDemandQA, you are granting OnDemandQA permission to use and transmit the information in connection with the performance of the Service, subject to compliance with OnDemandQA’s Privacy and Security Policy.
2. Prohibited Transactions
You agree that you will not use the Service to process payments for illegal products and services or pursuant of any fraudulent activity, including but limited to procurement of materials that infringe the intellectual property rights of third parties.
3. Indemnification
You agree to indemnify and hold OnDemandQA, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss or damages (including attorneys’ fees) whatsoever incurred as a direct or indirect consequence of your use of the Service.
4. Intellectual Property Ownership
OnDemandQA and/or its licensors own all right, title and interest, including all intellectual property rights, in and to the OnDemandQA Websites and related payment processing functionality and applications. The OnDemandQA name, the OnDemandQA logo, and any product names associated with Thought Frameworks’s Testing service are proprietary trademarks or tradenames of Thought Frameworks or third parties, and no right or license is granted to Users.
5. Representations and Warranties
User represents and warrants that he or she has not provided false identification nor provided any false information to gain access to the Service.
6. Disclaimer of Warranties
ONDEMANDQA SHALL MAKE REASONABLE EFFORTS TO TIMELY PROCESSING OF PAYMENT TRANSACTIONS INITIATED BY USERS OF THE SERVICE BUT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. ONDEMANDQA AND ITS PROVIDERS DO NOT REPRESENT OR WARRANT, AND HEREBY DISCLAIM ALL WARRANTIES TO THE EFFECT THAT (A) USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, OR (B) THE SERVICE WILL MEET A USER’S REQUIREMENTS OR EXPECTATIONS. THE SERVICE AND ALL CONTENT IS PROVIDED TO SUBSCRIBER STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, NOT EXPRESSLY SET FORTH IN THIS AGREEMENT, 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 ONDEMANDQA AND ITS THIRD PARTY PROVIDERS.
7. Internet and Other Delays, Interruptions or Failures
THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, INTERRUPTIONS, FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. ONDEMANDQA AND ITS PROVIDERS ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES, LOSSES, CLAIMS OR LIABILITIES RESULTING FROM SUCH PROBLEMS. FURTHER, USER SUBSCRIBER ACKNOWLEDGES AND AGREES THAT ONDEMANDQA SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, EARTHQUAKES, LABOR DISPUTES, CHANGES IN LAW, REGULATION OR GOVERNMENT POLICY, RIOTS, WAR, FIRE, EPIDEMICS, ACTS OR OMISSIONS OF VENDORS OR INTERNET SERVICE PROVIDERS, EQUIPMENT FAILURES, TRANSPORTATION DIFFICULTIES, OR ANY OTHER SUCH OCCURRENCES.
8. Limitation of Liability
IN NO EVENT SHALL ONDEMANDQA OR ITS THIRD PARTY PROVIDERS BE LIABLE TO USER FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, 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, DISCLOSURE OF CONFIDENTIAL INFORMATION OR LOSS OF PRIVACY, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF ONDEMANDQA OR ITS THIRD PARTY PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Use Outside of the United States
If User utilized the Service from outside the United States of America, User is solely responsible for compliance with all applicable laws, including without limitation, privacy, data protection, export and import laws and regulations of other countries.
10. Modification to Terms
OnDemandQA, Inc. reserves the right to update or modify the Terms and Conditions of Use, or any provisions thereof, or its policies relating to the Service, including, without limitation, its Privacy and Security Policy.11. Choice of Law
This Agreement shall be governed by and interpreted under the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California by California residents.12. Arbitration.
Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or OnDemandQA may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, California, USA necessary to protect the rights or property of you or OnDemandQA (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
13. Correction, Modification, or Deletion of Personal Information or User Data.
If you wish OnDemandQA to correct, modify or delete your personal information or User Data stored on OnDemandQA systems or servers, please notify and submit your request in writing to: Thought Frameworks, Inc., 340 S Lemon Ave #1005, Walnut, CA 91789. Attention: Compliance Officer.
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