Terms of Use

 

The Training Associates Corporation (“TTA”) Terms of Use

Revision Date: January 4, 2016
Copyright © [2016] TTA, Corp. All Rights Reserved.

Welcome to the TTA Site (the “Site”). These Terms of Use govern your use of the Site and its contents. The terms “TTA,” “we,” “us” and “our” refer to The Training Associates Corporation.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE TTA PRIVACY STATEMENT AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

1. REGISTRATION

You must register on this Site in order to use certain of the Site functions.  During registration, you will be required to provide contact information, consisting of a name, title, company name, and email address.

2. AGE OF USERS

Children under the age of 18 may not use this Service and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 18 has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.
 

If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child under the age of 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.

3. TTA PRIVACY STATEMENT

Your use of this Site signifies your continuing consent to the TTA Privacy Statement, which you can examine any time by clicking on the “Privacy” link on the Site.

Personal information that you supply to TTA, and any information about your use of TTA that we obtain will be subject to the TTA Privacy Statement on this Site.

4. CHANGES TO TTA

We may discontinue or change any TTA content, service, function or feature at any time with or without notice.

5. PROPER USE OF THIS SITE

You may use TTA for lawful purposes only and may use the Site only in ways consistent with the law.
You may not use any program, spider or “bot” to gather or “harvest” information from this Site.

6. PROPRIETARY RIGHTS

TTA reserves all rights under intellectual property law regarding any content that is on the Site.

Except as TTA may expressly state in writing, you may not reproduce, reprint, publish, or otherwise exploit content or technology from TTA without our express prior written consent.
 

You agree that the TTA Site, including but not limited to graphics, user interface, audio clips, video clips, content, and the scripts and software used to implement the Site, contains proprietary information and material that is owned by TTA, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the TTA Site in compliance with these Terms of Use. No portion of the TTA Site may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site in any manner, and you shall not exploit the Site in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
 

Notwithstanding any other provision of this Agreement, TTA reserves the right to change, suspend, remove, or disable access to the Site, content, or other materials comprising a part of the Site at any time without notice. In no event will TTA be liable for making these changes. TTA may also impose limits on the use of or access to certain features or portions of the Site, in any case and without notice or liability.
 

All copyrights in and to the Site (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by TTA, who reserves all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SITE, EXCEPT FOR USE OF THE SITE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

TTA, the TTA logo and other TTA trademarks, service marks, graphics, and logos used in connection with the Site are trademarks of TTA in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Site may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

7. CHANGES TO THE TERMS OF USE

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

8. ELECTRONIC DELIVERY STATEMENT AND YOUR CONSENT

You agree that we may provide to you notices and other information concerning TTA or this Site electronically, including notice to any email address that you may provide.

9. NO DUTY TO MONITOR

You agree that we are not liable for content that is provided by others.

10. THIRD PARTY SITES AND ADVERTISERS

TTA may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. You also agree that we are not responsible for content or claims supplied by our advertisers. We are also not responsible for any transactions or dealings between you and any third party or any advertiser. You agree that TTA is not responsible for any claim or loss due to a third party site or any advertiser.

11. DISCLAIMER OF WARRANTIES

We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

12. LIMITATION OF LIABILITY

You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

14. INTERNATIONAL USE

We make no representation that content on this Site is appropriate or available for use in locations outside the United States. If you choose to access this Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

15. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of the Commonwealth of Massachusetts USA and US federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

You further agree that any disputes or claims that you may have against us will be resolved by a court located in the Commonwealth of Massachusetts USA in the city of Worcester, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF MASSACHUSETTS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.]

16. BINDING ARBITRATION

You agree that any disputes or claims that you may have against us will be (except as stated below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA web site www.adr.org. The determination of whether a dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, TTA will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and will provide a statement of reasons if requested by a party. Except as otherwise provided in this Agreement, you and TTA may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

17. SEVERABILITY AND INTEGRATION

This contract and any supplemental terms, policies, rules and guidelines posted on this Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

18. TERMINATION

We reserve the right to terminate your use of this Site if you violate the Terms of Use or any rules or guidelines posted on the Site or for any other reason in our discretion.