1. Restrictions on Use
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any Content (as defined below), and any portion of the Website, use of the Website, or access to the Website. Turnaround Training reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Turnaround Training shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content submission. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You agree not to access the Website by any means other than through the interface that is provided by Turnaround Training for use in accessing the Website.
2. Content You Submit to Us
Turnaround Training does not claim ownership of content you submit or make available for the provision of Content. However, with respect to content you submit to Turnaround Training for Content, you grant Turnaround Training an irrevocable, royalty-free, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, display, in all languages, and to incorporate such content into other works in any format or medium now known or later developed.
You acknowledge and agree that the Website as well as all software, course materials, services, and content provided by Turnaround Training, Turnaround Training instructors, and/or third parties for the Turnaround Training courses (the “Content”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Turnaround Training grants you a personal, non-transferable, and non-exclusive right and license to use the Content; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Content. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website, Content, or advertisers is protected by copyright, trademarks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website or the Content, in whole or in part. By submitting a request for information or placing an order for Content with Turnaround Training, you agree not to transmit, distribute, modify, publish, display, or create derivative works from, or exploit the products and / or contents of the Content and / or this Website without prior written consent of Turnaround Training.
You agree to indemnify and hold Turnaround Training, and its directors, trustees, officers, employees, agents, affiliates, and co-branders, or other partners, and other users, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available to us through the Website, your use of the Website, your connection to the Website, your violation of the TOU, or your violation of any rights of any third party.
5. Dealings with Third Parties
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that Turnaround Training shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
The Website may provide, or third parties may provide, links to other websites or resources. Because Turnaround Training has no control over such sites and resources, you acknowledge and agree that Turnaround Training is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Turnaround Training shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource.
Turnaround Training offers paid products and services for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid products and services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Turnaround Training reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon provision through the relevant Service quotes. All products offered by Turnaround Training are non-refundable, and come with no warranties, expressed or implied. No refund can be granted to a customer under any circumstances once the
order for products or services is completed, unless specifically stated herein. In certain cases, Turnaround Training may provide a refund at its own discretion.
You acknowledge that the Content is confidential and proprietary to Turnaround Training, that the information contained therein is of significant value, and that its disclosure to others would cause irreparable harm to Turnaround Training. You agree that, upon expiration of the limited term of the license granted to you herein, you will return or destroy any copies of Content materials received from Turnaround Training.
9. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE COURSE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TURNAROUND TRAINING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TURNAROUND TRAINING OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TURNAROUND TRAINING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TURNAROUND TRAINING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
By agreeing to these terms and conditions, you acknowledge that Turnaround Training reserves the right to cancel any agreement, arrangement, or contract with any person or entity who violates the TOU. Turnaround Training may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which Turnaround Training may be entitled in law or in equity. Upon termination of this Agreement all rights granted to you will automatically terminate and any provisions that by their nature are intended to survive termination.
12. General Information
The TOU Agreement and any posted operating rules constitute the entire agreement between you and Turnaround Training and govern your use of the Website, superceding any prior agreements between you and Turnaround Training with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that we may provide to you and / or that may apply when you order our products or services, or use affiliate services, third-party content or third-party software. You may not assign your rights under this Agreement to any third party. If you are visiting the Website and / or have acquired the Content in any other country, unless expressly prohibited by local law, the TOU Agreement and warranties are controlled by and construed under the laws of the State of Florida, United States of America, notwithstanding any conflicts of law provisions; and the state and federal courts of Florida shall have exclusive jurisdiction over any claim arising under the TOU Agreement or warranties. You agree that this Agreement specifically disclaims the application of the UN Convention on Contracts for the international sale of goods. Notwithstanding the foregoing, as applicable, you or Turnaround Training may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of its intellectual property or proprietary rights. The TOU Agreement has been written in the English language, and you agree that the English version will govern this Agreement. The failure of Turnaround Training to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. The section titles in the TOU are for convenience only and have no legal or contractual effect.
Please forward any questions or report any violations of the TOU or copyright infringement claims to: firstname.lastname@example.org.
Oscar E. Arias
Turnaround Training Technologies, Inc.