1. The RequirementsQuest.com Shop
Through the Shop, you can browse, purchase and download digital products and content (“Downloads” or “Download”). The Downloads are licensed, not sold, to you by Requirements Quest, Inc. Additionally through the Shop, you can browse and register for training courses.
1.1. Compliance with Law. You will use the Shop and Downloads in compliance with all applicable laws, including all restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to any Download.
2.1 General. After you purchase a Download (pay any corresponding price), you may download the product for your personal use. You are responsible for ensuring before purchase that your device meets any minimum system requirements, including any requirement that we make available on the product detail pages. You are responsible for any internet or other connection charges you may incur in connection with your product Download, and use of the Shop.
2.2. Separate Licenses to Use Downloads. Your use of a Download will be governed by the terms and conditions of an End User License Agreement (a “EULA”) for single-user products, and Enterprise Software License Agreement for enterprise products, between you and Requirements Quest. Requirements Quest has the right to enforce the EULA against you. If you choose not to accept a EULA for a Download, you must not use that Download. This Agreement does not amend or supersede any license or other agreement between you and Requirements Quest. The Downloads are protected by copyright and other intellectual property laws and treaties. Requirements Quest owns the title, copyright and other intellectual property rights in the Downloads, and the Downloads are licensed, not sold.
2.3. All Sales Final; Downloading and Risk of Loss. All purchases of downloadable digital products (“Downloads” or “Download”) are final. We do not accept returns of Downloads unless indicated otherwise on the product detail page. Once you purchase a Download and we make it available to you, you are responsible for downloading and confirming your ability to access digital content, and bear all risk of loss after downloading, including, but not limited to, any loss due to a computer or hard drive malfunction. If you are unable to complete a download, please contact Requirements Quest customer service for assistance. We will usually continue making Downloads you have purchased available to you so that you can download additional copies, but that is not always the case, and we may limit or disable further downloads of a Download due to licensing restrictions or for other reasons at any time without notice or liability.
2.4 Download Limits. We will usually continue making Downloads you have purchased available to you so that you can download additional copies, but that is not always the case, and we may limit or disable further downloads of a Download due to licensing restrictions or for other reasons at any time without notice or liability. Unless otherwise specified, or revoked for any reason, downloads are limited to 3 times within 90 days from date of purchase.
2.5 Trial Access. We may offer free trial and other limited versions of digital content so you can preview a product prior to purchase. These versions may have limited features, restrict permitted time of use, or contain other limitations.
3.1. Changes. We may modify, suspend or discontinue the Shop, or any Download, in whole or in part, at any time without notice or liability.
3.2. Geographic Restrictions. The Shop is operated in the United States. We may restrict access to the Shop from other locations.
3.3 Suspension and Termination; Waiver; Amendments. Your rights under this Agreement will terminate without notice from us if you fail to comply with its terms. In case of such termination, you must cease all use of the Shop and Downloads, and we may immediately revoke your access to the Shop without notice to you and without refund of any purchases. Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement’s terms at our sole discretion by posting the revised terms in the Shop or on RequirementsQuest.com. Your continued use of the Shop or Downloads after the effective date of the revised Agreement terms constitutes your acceptance of the terms.
3.4 Contact Information. For communications concerning this Agreement, please write to Requirements Quest, Attn: Legal Department, 4230 East Towne Blvd #299, Madison, Wisconsin, 53704, USA.
3.5 Disputes/Binding Arbitration. Any dispute or claim arising from or relating to the Agreement, the Shop, or Downloads is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in the EULA. You agree to those terms by entering into the Agreement or using the Shop.
3.6 Limitation of Liability. Without limiting the Disclaimer of Warranties and Limitation of Liability in the Agreement: (i) in no event will Requirements Quest’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Download exceed the amount of ten dollars ($10.00 USD); and (ii) in no event will our total liability to you for all damages arising from your use of the Shop, the Downloads, or information, materials or products included on or otherwise made available to you through the Shop exceed the amount you paid to purchase the Downloads related to your claim for damages. These limitations will apply to you even if the remedies fail of their essential purpose.