Terms of Service
This Agreement is a legal agreement between the User and Training Check Ltd for the TrainingCheck.com Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.
Where applicable, you agree to pay all charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that TrainingCheck.com may change its minimum pricing at any time. For paid accounts, User must supply TrainingCheck.com with correct credit card information, and any changes in credit card validity or expiration date must be updated. TrainingCheck.com will automatically renew and charge User's account every month for subscriptions. The renewal charge will be equal to the original subscription price, unless TrainingCheck.com notifies User otherwise in advance. If the credit card cannot be processed for any reason, TrainingCheck.com reserves the right to cancel the Service.
2. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TrainingCheck.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TrainingCheck.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TrainingCheck.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. TrainingCheck.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TrainingCheck.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, toruous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a TrainingCheck.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
Violation of any of the items in this Section relieves TrainingCheck.com of any of its contractual or other legal obligations to User.
TrainingCheck.com reserves the right to refuse any or all service to any User for any reason, at any time, at TrainingCheck.com's sole discretion. User agrees that TrainingCheck.com may block its IP address or addresses at any time, and/or remove the User’s user names and passwords connected with the Service at TrainingCheck.com's sole discretion, thereby disallowing User's continued use of TrainingCheck.com's web site.
4. COMPLIANCE WITH AGREEMENT AND LAWS
You also agree not to intentionally or unintentionally violate any applicable local, state, national, or international law.
Although TrainingCheck has no obligation to review the content provided by you or your use of the Evaluation Tool, TrainingCheck may do so and may block any email messages and or terminate any use of the Evaluation Tool that TrainingCheck believes may be (or is alleged to be) in violation of the foregoing.
You also agree not to upload evaluation or survey links to message boards or newsgroups without express permission.
Email and Prohibited Content
Email messages sent in connection with the Evaluation Tool must contain an "unsubscribe" link that allows subscribers to remove themselves from your email messages. You acknowledge and agree that you will not hide, disable, or remove or attempt to hide, disable, or remove the opt-out link from the email invitation. You will actively manage and process unsubscribe requests received by you directly within ten days of submission, and update your email lists and address books to reflect the unsubscribe requests. You are responsible for ensuring that during use of the Evaluation Tool your email messages do not generate a number of spam complaints in excess of industry standards. If TrainingCheck determines that your level of spam complaints is higher than industry standards, TrainingCheck, at its sole discretion, has the right to terminate your use of its Evaluation Tool.
Permission Lists Only
TrainingCheck has a zero-tolerance spam policy. Subscriber accounts will be terminated for sending unsolicited email messages. This means that all recipients sent to must have opted in to receiving communications from you, the sender.
You can only use TrainingCheck to send emails to lists of people that gave you permission to email them. If you don't have proof that each recipient on your list opted in for your emails, don't import them into TrainingCheck.
- We prohibit the use of third-party, purchased, rented, or harvested mailing lists. TrainingCheck will terminate accounts violating the foregoing.
- You cannot mail to newsgroups, message boards, distribution lists, or unsolicited email addresses.
- You agree that you shall not utilize the Evaluation Tool to send any commercial electronic mail messages to any recipient who has opted out, unsubscribed, or otherwise objected to receiving such messages from you or another party on whose behalf you may be commissioned.
If you suspect that TrainingCheck.com has been used to send spam, please contact us immediately at firstname.lastname@example.org and we will investigate accordingly.
6. MODIFICATIONS TO SERVICE
TrainingCheck.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that TrainingCheck.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that TrainingCheck.com has no responsibility or liability for the deletion or failure to store any evaluation data or other Content maintained or transmitted by the Service. You acknowledge that TrainingCheck.com reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that TrainingCheck.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold.
All title and copyrights in and to the Software are owned by TrainingCheck.com or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.
8. LINKS TO THIRD PARTIES
TrainingCheck.com makes no claims or representations about any Web Site not under TrainingCheck's control that a User may access from TrainingCheck.com's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by TrainingCheck.com or otherwise on TrainingCheck.com's web site does not constitute TrainingCheck.com's endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.
9. LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the trainingcheck.com sites/services may include inaccuracies or typographical errors. Changes are periodically made to the TrainingCheck.com sites/services and to the information therein. TrainingCheck.com and/or its respective suppliers may make improvements and/or changes in TrainingCheck.com sites/services at any time.
TrainingCheck.com corporation and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the TrainingCheck.com sites/services for any purpose. All such information, software, products, services and related graphics are provided "as is" without warranty of any kind. TrainingCheck.com and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.
You specifically agree that TrainingCheck.com shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through a TrainingCheck.com site/service. You specifically agree that TrainingCheck.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that TrainingCheck.com is not responsible for any content sent using and/or included in a TrainingCheck.com site/service by any third party.