Terms and Conditions
By using the SOP MD, a division of K-Quest Inc. (SOP MD), website (“Site”), you agree to the following terms and conditions of use (“Terms”) and assume total responsibility and risk for your use of this Site and any services contained herein. If you do not agree to these Terms, you should immediately discontinue use of this Site.
You also acknowledge that content on this Site, including these Terms, may change at any time, without any obligation on the part of SOP MD to notify you of such changes. It is your responsibility to review these Terms for any changes. Your use of the Site following any amendment or modification of these Terms will signify your assent to and acceptance of its revised Terms. If you have any concerns regarding these Terms, please contact SOP MD directly.
This Site is to be used for lawful purposes only. Use of the Site to access, transmit, communicate, deliver, or store of any information, data, content, or material in violation of any federal, state, or international regulation or law (including material protected by copyright, trademark, and confidential information) is strictly prohibited. You may not use the content or features available at the Site for any commercial purpose without permission from SOP MD.
USING THE SITE AND YOUR ACCOUNT
In order to access some content and features available at Site, including the content and features of SOP MD, you need a user account. You agree that you will provide accurate and complete information for your user account, that you will not impersonate a third party in your communications with SOP MD, that you will only submit information about yourself and/or your direct affiliates, and that you will otherwise comply with these Terms, including the Submissions section of this Agreement. You may never use another’s account. You may not authorize any other person or entity to use your account or to access restricted or protected content or features available at the SOP MD website.
You are solely responsible for the activity that occurs on your account, and you must keep your user account, username, and password secure. You must notify SOP MD immediately of any breach of security or unauthorized use of your account. SOP MD reserves the right to terminate your access to the Site at any time, without prior notice and at its sole discretion, for any reason, including violations of these Terms.
You understand that you have no ownership rights in your account or other access to the Site or features therein. SOP MD may cancel your account and delete all information associated with your account, including any materials you may have submitted to SOP MD, at any time, and without notice, for any reason, including if SOP MD deems that you have violated these Terms, the law, or for any other reason. SOP MD assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account. A PDF copy of your SOPs will be made available upon termination of your account.
CONTENT AND INTELLECTUAL PROPERTY OWNERSHIP
All rights, title and interest in and to the information, data, photographs, graphics, videos, trademarks, service marks, logos, and other material (collectively, the “SOP MD Content”) available at the Site, including, without limitation, any copyrights in or to the SOP MD Content, belong to SOP MD and its content providers or their licensees, and is protected in the U.S. and internationally under trademark, copyright, privacy, and other intellectual property laws. “SOP MD” and all other trademarks, service marks, trade names and logos of SOP MD appearing on the Site are the property of SOP MD. All uses of such marks shall inure to the benefit of SOP MD and the use of SOP MD’s marks in conjunction with any other logos or marks shall not create a unitary or composite mark. SOP MD’s trademarks, service marks, trade names and logos may not be used without SOP MD’s permission.
The SOP MD Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, without SOP MD’s permission. Any unauthorized use of the SOP MD Content may be a violation of federal, state, or international law subject to criminal and civil penalties. By visiting the Site, you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any SOP MD Content, available at the Site. You agree not to display or use any SOP MD Content in any manner, or for any commercial purpose, without permission from SOP MD.
SUBMISSIONS
If you submit material intended for display on this Site, you agree not to submit any content that is illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, or otherwise injurious to SOP MD or third parties. You further agree that you will not include personal information about third parties, or infringe the privacy rights of third parties; and that you will not submit materials that consist of or invoke malicious software code, consist primarily of an unsolicited electronic mass mailing, be political in nature, or the like. You further agree that you will not misrepresent an affiliation with another person or organization, nor will you impersonate any person or organization, including the personnel of SOP MD, nor will you post any content that contains a business solicitation.
By using this Site, creating an SOP MD account, and otherwise posting or submitting content to SOP MD, you understand and acknowledge that any materials, ideas or other communications you transmit in any manner and for any reason will not be treated as confidential or proprietary.
You agree that you will not submit any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Site. If you violate this Agreement and submit unsolicited materials, ideas, suggestions or creative concepts, (“Unsolicited Information”), such Unsolicited Information shall be deemed by SOP MD to be, and shall remain, the property of SOP MD, and SOP MD shall be entitled to unrestricted use of such Unsolicited Information for any purpose whatsoever, commercial or otherwise, without compensation to you. None of the Unsolicited Information shall be subject to any obligation of confidence, and SOP MD shall not be liable for any use or disclosure of any Unsolicited Information.
DISCLAIMER & LIMITATION OF LIABILITY
SOP MD strives to ensure that the information contained in this Site is accurate and reliable. However, neither SOP MD nor the World Wide Web (or Website Host) is infallible, and errors may sometimes occur. Therefore, SOP MD HEREBY NOTIFIES YOU THAT THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR CONTENT THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SOP MD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL SOP MD BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SOP MD’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL SOP MD’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge that any reliance on the Site or any content will be at your own risk. SOP MD also makes no representations regarding the amount of time that any content will be preserved. SOP MD may from time to time revise the information, services and the resources contained in this Site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors or users. In no event shall SOP MD be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein. You acknowledge that SOP MD may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without prior notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that SOP MD will have no liability to you if this Site is discontinued or your ability to access the Site or content available at this Site is terminated.
PRIVACY STATEMENT
The Site has created a privacy statement setting forth how information collected about you is collected, used and stored. Your use of the Site constitutes acknowledgement and agreement with our Privacy Statement. You further acknowledge and agree that the Site may use your personal information in the manner described in our Privacy Statement.
THIRD PARTY WEBSITES
The Site may be linked to third-party websites which are not maintained by SOP MD. SOP MD does not sponsor, endorse, approve, certify, or control those websites and is not responsible for the contents of such sites. Those sites contain information created, published, maintained, or otherwise posted by institutions or organizations independent of SOP MD. SOP MD makes no representations or warranties about the content, completeness, or accuracy of those third-party sites or information located on such sites. Such links do not constitute or imply endorsement, recommendation, or favoring by SOP MD. Furthermore, SOP MD is not responsible for the privacy practices of such other sites. The information you submit at a third-party site accessible from this Site is subject to the terms of that site’s privacy policy, and SOP MD has no control over how your information is collected, used, or otherwise handled. Access to any other websites linked to or from the SOP MD site is at your own discretion and risk.
INDEMNIFICATION
You agree to indemnify and hold SOP MD, its parents, subsidiaries, officers, employees, agents, licensors, representatives, and third-party providers to this Site harmless for any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to violation of these Terms or unlawful or abusive behavior, including the infringement of any intellectual property or privacy rights of any person, or any violations thereof by your dependants.
MISCELLANEOUS
Both you and SOP MD acknowledge and agree that no partnership is formed and neither of you nor SOP MD has the power or the authority to obligate or bind the other. These Terms constitute a binding agreement between you and SOP MD, and is accepted by you upon your use of the Site. These Terms constitute the entire agreement between you and SOP MD regarding the use of the Site.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Missouri without regard to conflicts of laws principles. By using this Site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in Missouri. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Although SOP MD will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of SOP MD or others due to such unauthorized use. If SOP MD fails to act with respect to your breach or anyone else’s breach on any occasion, SOP MD is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between you and SOP MD relating to the Site, and replace any prior understandings or agreements (whether oral or written) regarding the Site. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The Site and any promotions contained thereon is void where prohibited.
By using this Site, you understand that these Terms constitute a binding Agreement between you and SOP MD.
SOP MD® PRIVACY POLICY
This Privacy Policy describes the personal information collected from and about visitors of SOP MD’s website (www.SOPMD.net, customers and prospective customers of our systems. This privacy policy does not cover the privacy practices of our licensees or business partners, nor does it cover personally identifiable data that we collect from and about our employees.
We do not knowingly solicit personally identifiable data from persons under the age of 13 and strive to comply with the provisions of COPPA (The Children’s Online Privacy Protection Act).
Information We Collect and Purposes of Use
The type of personal information we may ask for depends on and is related to the reason (or purpose) such personal information was provided to us. As examples, we collect and use:
- Names, addresses, phone numbers, Internet addresses, and email addresses to identify users and deliver desired standard operating procedures, tests, and test scores to business management and employees, either live or web based.
- Personal or business credit card information for payments.
- Names and Internet addresses for ongoing communications.
We may gather information about you in person, over the telephone or by communicating with you via mail, or the Internet. We may also obtain your information from third parties (such as publishers of industry publications, hosts of industry events/conferences, vehicle manufacturers or the company you work for).
The purposes for collecting personal information is described here, or will be identified to you before or at the time the information is collected. If you do not provide us with required information, we may not be able to respond to your request.
Through the use of website cookies (very small text file that is added to your hard drive from a web page), your account log in code is remembered (as allowed by your personal settings), allowing you to be automatically logged in when returning to our site. Through the use of these cookies, we capture standard web traffic information such as time, date, IP address and browser. We may use this information to track the activity on our websites, for the purpose of improving your online experience.
Disclosure to Third Parties
We are not in the business of selling personally identifiable information to third parties. Nevertheless, we will disclose such information:
- To investigate potentially fraudulent or questionable activities regarding your use of our services;
- In anticipation of and in the course of an actual or potential sale, reorganization, consolidation, merger or amalgamation of our business; and
- When required or permitted by law.
The type of information we are legally required to disclose may relate to criminal investigations or government tax reporting requirements. In some instances, such as a legal proceeding or court order, we may also be required to disclose certain information to law enforcement or other governmental authorities. Only the information specifically requested is disclosed and we take precautions to satisfy ourselves that the authorities that are making the request have legitimate grounds to do so.
SOP MD web site(s) may contain links to other third party sites that are not governed by this privacy policy. Although we make every effort toward only linking to sites with high privacy standards, our privacy policy will no longer apply once you leave the SOP MD web site. We are not responsible for the privacy practices employed by other third party web sites, and we suggest that you examine the privacy statements of those sites to learn how your information may be collected, used, shared and disclosed.
Customer Access, Questions and Complaints
We will make every reasonable effort to ensure your personal information is maintained in an accurate, complete, and up-to-date form. Despite our efforts, errors sometimes do occur. In many instances you have the right to access, confirm and change your personal information. To help us keep your personal information up-to-date, we encourage you to review it and make corrections as often as necessary. You may correct errors by sending a request to us that describes the error. This may be done via e-mail or mail as indicated below and we will respond within an appropriate timeframe. Where appropriate, we will communicate these changes to other parties who may have unintentionally received incorrect information from us. You may also contact us at the address listed below for general questions about our privacy practices.
Questions or complaints about personal information can be forwarded to;
SOP MD Privacy Services
9342 Highway HH
Robertsville, MO 63072
mark@kquestinc.com
In addition, and to help maintain quality service, calls to our customer service lines may be recorded. A recorded message given prior to your call being answered will let you know if your call may be the subject of our random call recording quality assurance program.
Security and Retention
We use industry standard means to safeguard sensitive personally identifiable information under our control. During daily operations, access to private, sensitive and confidential information is restricted to authorized employees who have a legitimate business purpose and reason for accessing it. All employees of SOP MD are required to abide by the privacy standards we have established as a condition of their employment.
Our web site uses Secure Socket Layer (SSL) encryption technologies to enhance security when you visit the secured areas of these sites. SSL is the industry standard tool for protecting and maintaining the security of message transmissions over the Internet. When you access your accounts or send information from secured sites, encryption will scramble your data into an unreadable format to inhibit unauthorized access by others.
A “sign-on” using a user id and a password is needed to access certain secured areas of the SOP MD web site. If you are unable to provide the correct password, you will not be able to access these sections. A password reset will be required.
Information is retained by SOP MD at times determined by the company and as required or permitted by law or legal orders before disposal.
Future Changes and Updating of Policy
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Any changes to our privacy policy and information handling practices will be acknowledged in this policy in a timely manner. We may add, modify or remove portions of this policy when we feel it is correct to do so or in accordance with law. Any changes to our Privacy Policy will be effective upon posting the revised Privacy Policy on the Internet, which is accessible from a link appearing on the home page of our website www.SOPMD.net. You may determine when this policy was last updated by referring to the modification date found at the bottom of this privacy policy. If you need assistance please call SOP MD Customer Care at: 331-204-4482. |