2. The Traineaze Service
3. Use of The Traineaze Service
By using the Traineaze Service, you expressly agree to the following:
- You shall provide accurate, true and current information as prompted during the account registration process and shall keep it current at all times.
- You shall be solely responsible for all activity associated with your account, including, without limitation any posted data, text, links, video files, photos, or any other content (collectively, the “User Content”).
- You represent and warrant that all User Content that you or Your Users post to the Traineaze Service shall be your or Your Users’ wholly original material (except for material that you are using with the permission of its owner), and does not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
- You shall be solely responsible for keeping a duplicate copy of all User Content; we do not accept any responsibility or liability for the loss of your User Content.
- You shall not share your password with any other person or publicly disclose it.
- You shall notify Traineaze immediately of any breach of security or unauthorized use of your account.
- Although Traineaze will not be liable for your losses caused by unauthorized use of your account, you may be liable for the losses incurred by Traineaze due to unauthorized use.
- You shall not use the Traineaze Service for any illegal or unauthorized purpose.
- You shall not attempt to hack, destabilize or adapt the Traineaze Service or its source code.
- You shall not transmit worms, viruses or any code of a destructive nature to Traineaze or its users.
- You shall not, without our prior express written permission, use any high volume automated means (including but not limited to robots, spiders and scripts) to access the Traineaze Service.
- You agree not to collect or harvest any personally identifiable information, including account names, from the Traineaze Service.
- You are solely responsible for obtaining and maintaining all equipment and services needed for access to and use of the Traineaze Service and for paying all charges related thereto.
- Any comments, suggestions, or feedback relating to the Traineaze Service (collectively “Feedback”) submitted to Traineaze shall become the property of Traineaze. We will not be required to treat any Feedback as confidential, and will not be liable for any ideas (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to Feedback. We will be entitled to use the Feedback for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Feedback.
- You shall not abuse, harass, threaten, harm or impersonate other Traineaze users or employees of Traineaze or any of its partners, at any time or for any reason.
- You shall not post User Content that is hateful, threatening, pornographic, obscene, abusive, unlawful, harassing, racially or ethnically offensive, libelous or defamatory, or any content that encourages unlawful conduct.
- You shall not submit material that is copyrighted, protected by trade secret or otherwise subject to intellectual property or third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Traineaze all of the license rights granted herein.
- You understand that when using the Traineaze Service, you will be exposed to User Content provided by other users and you agree that Traineaze is not responsible for the accuracy, safety, appropriateness or intellectual property rights of or related to such content.
- You may not use the Traineaze Service to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Traineaze Service you must comply with all applicable laws, including laws that apply in any jurisdiction to spam and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
4. User Content
5. License Grant
(a) Subject to the terms and conditions of this Agreement and the payment of an applicable subscription fee, you are hereby granted a revocable, non-transferable, non-exclusive, limited right and license to use the Traineaze Service. Traineaze reserves all rights not expressly granted herein in the Traineaze Service. Traineaze may terminate this license at any time for any reason or no reason.
(b) By submitting User Content to the Traineaze Service, you or Your Users hereby grant Traineaze a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content when operating the Traineaze Service. You or Your Users also grant each user of the Traineaze Service a non-exclusive license to access your or Your Users’ User Content through the Service, and to use, reproduce, distribute, display and perform such User Content.
6. Our Proprietary Rights
Except for your User Content, the Traineaze Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music, and all Intellectual Property Rights related thereto, are the exclusive property of Traineaze. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights. Use of the Traineaze Content or materials on the Traineaze Service for any purpose not expressly permitted by this Agreement is prohibited.
7. Free Trial
If You register on our website for a free trial, We will make one or more Traineaze Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which you registered to use the applicable Traineaze Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Traineaze Service(s). Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL.
Please view our Knowledge Center during the trial period so that You become familiar with the features and functions of the Traineaze Services before You make Your purchase.
8. Dependence on Subscription
Your access to the Traineaze Service may be dependent on your subscription to the Traineaze Service or on the subscription of another company or person who pays certain fees to Traineaze. As such, the services offered by Traineaze depend on the terms of that subscription. If the subscriber (including you, if applicable) ceases to pay the fees due to Traineaze, Traineaze may cease to provide you access to the Traineaze Service and/or terminate your account. Similarly, if the terms of the subscription to the Traineaze Service change, you may experience changes to the features or capacity of your account.
Subscriptions must be paid for in advance. The Traineaze Service is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
9. Cancellation and Termination
You are solely responsible for properly canceling your account. You can cancel your account at any time by e-mailing firstname.lastname@example.org specifying the account that you want canceled and providing a brief explanation of why you are canceling. In Traineaze’s sole discretion, all of your User Content may be immediately deleted from the Traineaze Service upon cancellation. This information cannot be recovered once your account is canceled. If you cancel the Traineaze Service before the end of your current paid-up subscription period, your service will remain live until the end of the paid subscription period. At that time, the Traineaze Service will be terminated immediately and you will not be charged again. Traineaze, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, or any other Traineaze service, for non-payment and any other reasonable reason at any time. Traineaze may terminate your account if the subscriber that invited you to join as a User ceases to use or pay for the Traineaze Service. Any such termination of the Traineaze Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all User Content in your account.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information and User Content from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and User Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
12. Copyright Policy
As set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), if you believe that your copyrighted work is accessible via the Traineaze Service in a manner that infringes your copyright, please notify Traineaze’s copyright agent:
3225 Shallowford Rd. Suite 800
Marietta, GA 30062
Telephone: (770) 212-2200
Facsimile: (770) 212-2200
For your complaint to be valid under the DMCA, you must provide the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Traineaze Service;
- Information reasonably sufficient to permit Traineaze to contact you, such as your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Traineaze has adopted a policy of terminating, in appropriate circumstances account holders and subscribers who are repeat infringers. Traineaze may also at its sole discretion limit access to the Traineaze Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
13. Third Party Websites, Advertisers, or Services
15. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OR YOUR USERS OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TRAINEAZE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OR YOUR USERS OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. TRAINEAZE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR A
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TRAINEAZE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TRAINEAZE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD–PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAINEAZE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD—WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR IN ANY WAY RELATED TO (i) YOUR OR YOUR USERS ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT TRAINEAZE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ADDITIONALLY, TRAINEAZE’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO TRAINEAZE IN THE TWELVE MONTHS PRIOR TO ANY CLAIM.
17. Controlling Law Jurisdiction; Deadline to Bring Claims
18. Entire Agreement
19. Electronic Communication and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through the Traineaze Service, including but not limited to any consent you give to receive communications from Traineaze solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer or mobile device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. If you have any questions about these Terms, please contact us by email at email@example.com.
Updated 06/1/2015 – Changed name to Traineaze and changed physical address
Updated 06/26/2015 – Include API as part of the service
Updated 03/04/2015 – Updated for SSO where customers request to accept terms for their users