Terms of Service
The following terms of service (the “Terms of Service”) govern your use of The Trainers Directory website located at trainersdirect.com, including any services and features available on or through the Web Site such as blogs and user communities (collectively, the “Site” or “Web Site”). The Site is made available by The Trainers Directory (“TrainersDirect” or “we” or “us”). We may change the Terms of Service from time to time, at any time, by posting such changes on the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Service, you may not access or otherwise use the Site.
1. Proprietary Rights
As between you and TrainersDirect (and with the exception, in some cases, of Submitted Materials, as defined below in Section 6), we own, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the Site, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant you ownership of any content, code, data or materials that you may access on the Site.
2. Limited License
You may access and view the content on the Site on your computer or other Internet-compatible device and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the Site’s services and any content and materials on the Site, are only for your personal, non-commercial use.
3. Prohibited Use
You may not commercially distribute, publish or exploit the Site, or any content, code, data or materials on the Site, unless you have received the express written prior permission of TrainersDirect or the applicable rights holder. Other than as set forth in Section 2 of these Terms of Service, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be liable for such unauthorized use. TrainersDirect will enforce its intellectual property rights to the fullest extent of the law.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of TrainersDirect and other owners and may not be used unless authorized by the trademark owner. TrainersDirect will enforce its Trademark rights to the fullest extent of the law.
5. User Information
6. Submitted Materials
7. Prohibited User Conduct
You agree that, while using the Web Site and the Web Site’s various services and features, you will not:
- impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any person or entity, including without limitation, anyone from TrainersDirect or the Site;
- insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from TrainersDirect or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes;
- obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means;
- engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information;
- engage in any automatic means of accessing, logging-in or registering on the Site or for any of the Site’s services or features, or obtaining lists of users or obtaining or accessing other information, services or features on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site;
- use the Site or the Site’s services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- use the Web Site or the Web Site’s services or features in violation of TrainersDirect’s or any third party’s intellectual property or other proprietary or legal rights;
- use the Site or the Site’s services in violation of any applicable law;
- attempt (or encourage or support any one else’s attempt) to circumvent, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the Site or the Site’s services, or any content on the Site or the Site’s services; or
- obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
8. Public Forums
We may, from time to time, make online communities, messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you will not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which:
- restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services;
- are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or are otherwise objectionable to TrainersDirect, in its discretion;
- constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary rights;
- contain a virus, spyware, or other harmful component;
- contain embedded links, advertising, chain letters or pyramid schemes of any kind; or
- constitute or contain false or misleading indications of origin, endorsement or statements of fact.
It is important to remember that comments, materials and information submitted to a public forum or online community may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read, view or access them eventually. Therefore, you should not disclose any sensitive, personal, proprietary or confidential information, about yourself or others, in your comments or other submissions to our public forums or other online communities, such as to our blog(s).
9. Right to Monitor and Editorial Control
We reserve the right (but have no obligation) to monitor or review all materials posted or submitted to the Web Site or through the Web Site’s services or features by users (including, for example and without limitation, our blog(s)), and we are not responsible for any such materials posted by users. However, we may disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, delete or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service, our policies or applicable law.
10. Linking to the Web Site
We may insist that any link to the Web Site be discontinued, and we may revoke your right to link to the Web Site from any other web site at any time upon written notice to you, and in such event you agree to discontinue any such linking activity.
You agree to defend, indemnify and hold TrainersDirect, its affiliates, and its and their directors, officers, employees, trustees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of these Terms of Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
12. Orders for Products and Services
We may make certain products available to visitors and registrants of the Site. You may only order products if you are 18 years old or older. You agree to pay in full the prices (and all applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to TrainersDirect. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
13. Third Party Web Sites
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for, nor do we endorse or sponsor, the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
14. DISCLAIMER OF WARRANTIES
THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT OF INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S)) SHALL CREATE ANY WARRANTY. TRAINERSDIRECT ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH TRAINERSDIRECT OR ITS AGENTS.
15. LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TRAINERSDIRECT OR ITS AFFILIATES OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO TRAINERSDIRECT FOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.
16. Applicable Laws
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Service waive their respective rights to a trial by jury.
We may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. We may restrict, impose limits on, suspend or terminate your access to the Site and/or its services or features (e.g., our blog(s)) if we believe you have violated our Terms of Service or applicable law, or for any other reason without notice or liability. TrainersDirect maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights.
18. Changes to Terms of Service
TrainersDirect reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of Service will be effective when posted.
The Terms of Service and the relationship between you and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Service shall be commenced and be heard in the appropriate court in the State of New York, County of New York, and you further agree to submit to the personal and exclusive jurisdiction of the courts located in the County of New York, in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 the Terms of Service remain in full force and effect.