PLEASE REVIEW THESE TERMS OF USE CAREFULLY.
Effective Date: March 25, 2020
Thank you for using the Troytec.com website, the Troytec mobile application, and all
course materials made available through them (collectively, the “Service”) operated by
Troytec, Inc. (Troytec, “we”, “us”, or “our”). Use of and access to the Service is subject
to your compliance with these terms of use (the “Terms”), so please read these Terms
carefully. Troytec reserves the right to limit or terminate your access to the Service if
you do not comply with these Terms.
By accessing and using the Service, you agree to be bound by these Terms. IF YOU DO NOT
AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, YOU DO NOT HAVE
PERMISSION TO USE THE SERVICE IN ANY MANNER. If you are using the Service on behalf of your
employer, you represent that you are authorized to accept these Terms on your employer’s
behalf.
The Services are not intended for use by anyone under the age of 13.
Changes in Terms of Use
We reserve the right to modify these Terms from time to time. If we modify these Terms,
we will indicate that we have done so on the Service and by changing the effective date
above. Continued use of the Service constitutes your acceptance of any modified
Terms.
Account; Communications
To sign up for an account to use the Service, you must provide us with your name and
email address. It is your responsibility for ensuring that your account information is
accurate and up-to-date. You may not share an account with any other person. You are
responsible for maintaining the confidentiality of your account and password, including but
not limited to the restriction of access to your computer and/or account. You agree to
accept responsibility for any and all activities or actions that occur under your account.
You must notify us immediately upon becoming aware of any breach of security or unauthorized
use of your account.
By creating an account on our Service, you agree that we may send you transactional
emails, newsletters, marketing or promotional materials and other information. You may opt
out of receiving promotional and marketing communications by following the unsubscribe link
or instructions provided in any email we send. You may not opt-out of receiving
transactional emails about your purchases or important emails about your use of the
Service.
If you decide to submit any Author Content, defined below, you agree and acknowledge that
your name, profile picture and contact information will be associated with such Author
Content and made publicly available on the Service. You understand that users of the Service
may reach out to you directly and that we are not responsible for any communications between
you and such users.
Troytec Content
Subject to your payment of any applicable fees, Troytec grants you a non-transferable,
royalty-free license, without the right to sublicense, to access and use any Troytec
content (“Content”) you purchase through the Services. The Content is owned by Troytec or
our authors. Unless the Content has a separate license that grants you other rights, you may
only use the Content for your own personal, noncommercial purposes, and you may not (a)
reproduce, modify, translate or create any derivative work of the Content; (b) sell, share,
rent, lease, loan, provide, distribute or otherwise transfer the Content; (c) circumvent any
security measures or attempt to gain access to Content that you have not paid for; or (d)
permit or encourage any third party to do any of the foregoing. If we allow you to download
any Content, you may only download a single copy for your personal, noncommercial purposes,
and you may not share it with third parties.
The Content may be provided by third parties. While Troytec strives to offer only
content of the highest caliber, Troytec does not guarantee that the Content is accurate or
complete. Your use of or reliance on any Content is at your own risk. If you have any
questions about the Content, you are encouraged to contact the author directly.
If Content is accompanied by a separate license, the terms of such license shall control
over the terms of this section. You are responsible for complying with any license terms
that accompany such Content.
Subscription
If you purchase a subscription to receive Content (“Subscription”) such Subscription will
be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are
set either on a monthly or annual basis, depending on the type of subscription plan you
select when purchasing a Subscription.
A valid payment method, including credit card or PayPal, is required to process the
payment for your Subscription. By submitting such payment information, you automatically
authorize Troytec to charge all Subscription fees incurred through your account to any such
payment instruments.
At the end of each Billing Cycle, your Subscription will automatically renew under the
exact same conditions unless you or we cancel it. You may cancel your Subscription renewal
either through your online account management page or by contacting Troytec customer
support team.
Fees
The fees for the Content (on an a-la-carte or Subscription basis) are as set forth in the
Service. Troytec may modify the fees at any time. If you have purchased a Subscription, any
Subscription fee change will become effective at the end of the then-current Billing
Cycle.
Troytec will provide you with a reasonable prior notice of any change in Subscription
fees to give you an opportunity to terminate your Subscription before such change becomes
effective. Your continued use of the Service after the Subscription fee change comes into
effect constitutes your agreement to pay the modified Subscription fee amount.
Payments
In order to purchase Content or a Subscription, you must provide Troytec’s third party
payment processor with certain information including, without limitation, your name, your
credit card number, the expiration date of your credit card, and your billing address. Our
payment processor is only permitted to use such data to process your purchase.
By making a purchase with a credit card or other authorized method of payment, you
represent and warrant that: (i) you have the legal right to use such credit card(s) or other
payment method(s); and (ii) the information you supply to us is true, correct and
complete.
We reserve the right to refuse or cancel your order at any time for reasons including but
not limited to: product or service availability, errors in the description or price of the
product or service, error in your order or other reasons. We reserve the right to refuse or
cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Should automatic billing fail to occur for any reason, Troytec will issue an electronic
invoice indicating that you must proceed manually, within a certain deadline date, with the
full payment corresponding to the billing period as indicated on the invoice.
Free Trial
Troytec may offer a free trial Subscription for a limited period of time (“Free
Trial”).
You may be required to enter your billing information in order to sign up for the Free
Trial. If you do enter your billing information when signing up for the Free Trial, you will
not be charged by Troytec until the Free Trial has expired. On the last day of the Free
Trial period, unless you cancelled your Subscription, you will be automatically charged the
applicable Subscription fees.
At any time and without notice, Troytec, Inc reserves the right to (i) modify the terms
and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Refunds
If you are dissatisfied with the Content you purchased, you may apply for a refund within
7 days after your date of purchase. If we grant a refund, your license to use the Content is
immediately revoked and you must delete all copies of any Content you have downloaded or
cached.
If you sign up for a Subscription and you wish to cancel, we may grant your request as a
courtesy. You may only sign up and cancel a Subscription once; we reserve the right to
refuse to cancel a subscription if we suspect fraud or misuse. Upon cancellation of a
Subscription, all rights you have in any Content you acquired prior to cancellation are
immediately revoked and you must delete all copies of any Content you have downloaded or
cached.
User Conduct and Responsibilities
Your use of the Service is subject to all applicable local, state, national and
international laws and regulations. We may make sections of the Service available for user
comments or message boards. You are responsible for the content that you post on or through
the Service, including its legality, reliability, and appropriateness. Without limitation,
you agree to not use the Service to make available and transmit any content that, or content
that promotes a product or Service that:
is illegal under or otherwise violates any local, state, national or international law or
would constitute, encourage or provide instructions for a criminal offense (including,
without limitation, the CAN-SPAM Act);
violates the rights of any party (including without limitation rights of privacy and
publicity);
is obscene, lewd, lascivious, violent, or otherwise objectionable;
victimizes, harasses, degrades, or intimidates an individual or group of individuals on
the basis of religion, gender, sexual orientation, race, ethnicity, age, or
disability;
displays material that exploits children, or otherwise exploits children under 18 years
of age;
is false or misleading;
infringes any copyright, patent, trademark, trade secret, or other proprietary rights of
any party;
is unsolicited or unauthorized, including advertising, solicitations, promotional
materials, junk mail, spam, chain letters, pyramid schemes, or any other form of
solicitation;
includes private information of a third party, including, without limitation, addresses,
phone numbers, email addresses, Social Security numbers and credit card numbers;
introduces viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
you do not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
or
in our sole judgment, is objectionable or which restricts or inhibits any other person
from using or enjoying the Service, or which may expose Troytec or its users to any harm or
liability of any type.
Troytec does not control and is not responsible for what users contribute to the Service
and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise
objectionable content that may be distributed through the Service. Troytec is not
responsible for the conduct, whether online or offline, of any user of the Service.
Enterprise Users
If you are using the Service through an enterprise account maintained by your
organization (such as your employer, school, etc.), your usage rights are subject to the
enterprise agreement between your organization and Troytec. Your organization will be able
to control the courses you are able to access and will be able to see certain information
about your use of the Service (such as your progress and usage activity). You may not have
certain rights that are available to non-enterprise users that are described in this
Agreement. If you have any questions about your rights to use the Service, please contact
the appropriate account administrator for your organization.
Author Content
The following section only applies if you contribute content through the Service. If you
do not contribute content, the following section does not apply to you.
You own and are solely responsible for any content that you create and transmit,
distribute, publish or display (hereinafter “post”) on or through the Service (collectively
“Author Content”). Although Troytec has no obligation to monitor Author Content, Troytec
may do so and may block or remove any such Author Content or prohibit any use of the Service
that Troytec believes may be (or is alleged to be) in violation of these Terms or for any
reason in Troytec’s sole discretion. Any payment terms related to your provision of Author
Content will be subject to an addendum to these terms between you and Troytec.
You represent and warrant that any Author Content you provide is free of libel or other
unlawful material, including matter that may be construed as invasion of privacy, violation
of a right of publicity, copyright, patent, or trademark infringement, and/or
misappropriation of trade secret or any other right of a person or party. You also represent
and warrant that all necessary licenses and consents have been obtained for the use of any
Author Content you post on the Service.
After posting Author Content to the Service, you continue to retain any such rights that
you may have in such Author Content (unless you have a separate agreement with Troytec
related to the authoring of content). By posting Author Content through the Service, you
automatically grant, and you represent and warrant that you have the right to grant, to
Troytec a worldwide, perpetual, sub-licensable license to use, copy, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in part), create derivative
works of and distribute such Author Content (including your name and contact information
and, if you provide tutorial video, your voice and likeness) as part of the Service. Any
derivative works created by Troytec to enhance your Author Content (e.g. quizzes,
interactive elements, coding exercises) will be subject to your continuing ownership of the
underlying Author Content. You understand that all users of the Service may use your Author
Content in connection with their use of the Service. You understand that users of your
Author Content may contact you directly – it is your choice as to whether to engage with
such users or not and Troytec is not responsible for your communications with such users.
You may delete your Author Content from the Service (which will remove any derivative works
using your Author Content) by notifying us in writing. We will remove your Author Content
within 180 days after receipt of notice from you; provided, however, that users who have
already purchased your Author Content may continue to use the Author Content in
perpetuity.
If you make available any non-course Author Content through publicly available sections
of the Service (such as Edpresso shots, message board comments, or blog posts)
(“Submissions”), you agree that those Submissions are made available under the Creative
Commons –Attribution -ShareAlike 4.0 (CC-BY-SA 4.0) license, the terms of which are
available here: https://creativecommons.org/licenses/by-sa/4.0/. Before we publish your
Author Content, we may make a staging link available to you to share with your reviewers or
co-authors. This Author Content is not visible to any users who do not have the link. The
users must register in the Service before they can access the Author Content. We may put
limits on the number of users who can access nonpublic Author Content at any time, in our
discretion.
If you do have an agreement with Troytec where you create content on Troytec’s behalf,
such content shall be Troytec Content and not Author Content.
For more information about providing Author Content, please see our FAQs.
Suspension, Termination
We may terminate or suspend your account and bar access to the Service immediately,
without prior notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the
Service.
All provisions of the Terms which by their nature should survive termination shall
survive, including, without limitation, ownership provisions, warranty disclaimers,
indemnity and limitations of liability.
Links to Other Websites
The Service or Content may contain (or you may access through the Service or Content)
links to other websites controlled by third parties (“Third-Party Content”). Third Party
Content is not investigated, monitored or checked for accuracy, appropriateness, or
completeness by Troytec, and Troytec is not responsible for any Third-Party Content
accessed through the Service or content provided by third parties.
Affiliate Program
Troytec has an affiliate program that enables third parties to earn fees for referring
users to the Service from their websites.
If you are interested in becoming an affiliate, please see our Affiliate Program
FAQs.
Feedback
If you submit any questions, comments, suggestions, ideas, feedback or other information
about the Service (except Author Content) to Troytec (“Feedback”), you grant us the
unrestricted use and dissemination of these Feedback for any purpose, commercial or
otherwise, without acknowledgment or compensation to you. We will not disclose any personal
information associated with such Feedback except in accordance with our Privacy
Policy.
Privacy Policy
We care about the privacy of our users. Use of the Service is governed by our Privacy
Policy.
Our website and Service use cookies. For more information, please see our Cookie
Policy.
Licenses from Troytec; Ownership of Troytec Content
Except Author Content, all content on the Service is the proprietary property of Troytec
or its authors with all rights reserved. Troytec grants you a limited, revocable license to
use the Service and all content contained therein in accordance with these Terms. Unless
explicitly stated herein, nothing in these Terms shall be construed as conferring any
license to Troytec’s intellectual property rights, whether by estoppel, implication or
otherwise.
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. You may not decompile or disassemble, reverse engineer or otherwise
attempt to discover any source code contained in the Service. Without limiting the
foregoing, you agree not to take screenshots of any content on the Service or reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the
Service.
All trademarks and registered trademarks are protected by U.S. and international
trademark laws.
Modifications to Service
Troytec reserves the right to modify or terminate any or all portions of the Service
with or without cause at any time and effective immediately. Troytec shall not be liable to
you or any third party for termination. Should you object to any modifications to the
Service or become dissatisfied with the Service in any way, your only recourse is to
immediately discontinue use of the Service.
Notices
All notices to a party shall be in writing and shall be made either via e-mail or
conventional mail. Troytec may broadcast notices or messages through the Service or through
the email address you supplied when you registered for the Service to inform you of changes
to these Terms, the Service, or other matters of importance. Such broadcasts shall
constitute notice to you.
Disclaimers
The Service may be temporarily unavailable from time to time for maintenance or other
reasons. Troytec assumes no responsibility or liability for any error, omission,
interruption, deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration of, Content.
Under no circumstances will Troytec be responsible for any loss or damage, including any
loss or damage to any Content or personal injury or death, resulting from anyone’s use of
the Service, any Content or Third-Party Sites linked to or posted on or through the Service,
or any interactions between users of the Service, whether online or offline.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
THE SERVICE, AND ALL CONTENT, AUTHOR CONTENT, THIRD-PARTY CONTENT, PRODUCTS AND SERVICES
INCLUDED IN THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Troytec DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Troytec MAKES NO WARRANTY OR REPRESENTATION REGARDING (i) ANY CONTENT, AUTHOR CONTENT,
THIRD PARTY CONTENT, PRODUCT OR SERVICE OFFERED OR SOLD THROUGH BY ANY AUTHOR OR THIRD
PARTY, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, (iii) THE
CURRENCY, ACCURACY, QUALITY, CONTENT, COMPLETENESS, LEGALITY, OPERABILITY, AVAILABILITY OR
RELIABILITY OF ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THE SERVICE, OR (iv) THE
DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, PRODUCTS
OR MATERIAL. Troytec DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE AND/OR SERVICE WILL
MEET ANY OF YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR
FREE.
USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
THAT RESULTS FROM YOUR USE OF THE WEBSITE, SERVICE OR YOUR AUTHOR CONTENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Troytec BE LIABLE TO YOU ON ACCOUNT OF (i) ANY CONTENT,
(ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICE, OR (iii) YOUR INABILITY TO USE THE
SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE AND/OR SERVICE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY
TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND
PUNITIVE DAMAGES, AND THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST
PROFITS, OR LOST DATA ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT
MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF Troytec OR ITS AUTHORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL THE LIABILITY OF Troytec OR ITS OFFICERS,
DIRECTORS, AND EMPLOYEES EXCEED $10,000 OR THE IMMEDIATE TWELVE (12) MONTHS OF SERVICE
LICENSE FEES PAID BY YOU TO Troytec, WHICHEVER IS LOWER. SUCH LIMITATION OF LIABILITY SHALL
APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE
FULLEST EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental
or consequential damages so some of the above limitations may not apply to you.
Indemnity
To the fullest extent permitted by law, you agree to indemnify and hold Troytec, its
subsidiaries and affiliates, and each of their directors, officers, agents, contractors,
partners and employees, harmless from and against any loss, liability, claim, demand,
damages, costs and expenses, including reasonable attorney’s fees, arising out of your use
of the Service, your conduct in connection with the Service, the Author Content you provide
(if applicable), or any violation of these Terms or of any law or the rights of any third
party.
Miscellaneous
Waiver and Severability of Terms. The failure of Troytec to exercise or enforce any
right or provision of these Terms shall not constitute a waiver of such right or provision.
Any waiver of any provision of these Terms will be effective only if in writing and signed
by Troytec. If any provision of these Terms is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to give effect
to the parties’ intentions as reflected in the provision, and the other provisions of these
Terms remain in full force and effect.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington, excluding its conflict of law provisions. You and
Troytec agree to submit to the exclusive jurisdiction of the state and federal courts of
Seattle, Washington.
Statute of Limitations. You and Troytec agree that any cause of action arising out of or
related to this Service must commence within one (1) year after the cause of action arose;
otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the
shortening of the time period in which a cause of action must be brought. In all such
jurisdictions, the applicable time period shall be the minimum allowed by law.
Promotions. Any contests, sweepstakes or other promotions (collectively, “Promotions”)
made available through the Service may be governed by rules that are separate from these
Terms & Conditions. If you participate in any Promotions, please review the applicable
rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms
and Conditions, the Promotion rules will apply.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any
claim that Content posted on the Service infringes on the copyright or other intellectual
property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the
copyrighted work has been copied in a way that constitutes copyright infringement, please
submit your claim via email to [email protected], with the subject line: “Copyright
Infringement” and include in your claim a detailed description of the alleged Infringement
as detailed below, under “DMCA Notice and Procedure for Copyright Infringement
Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for
misrepresentation or bad-faith claims on the infringement of any Content found on and/or
through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by
providing our Copyright Agent with the following information in writing (see 17 U.S.C
512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the
URL (i.e., web page address) of the location where the copyrighted work exists or a copy of
the copyrighted work;
identification of the URL or other specific location on the Service where the material
that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.
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