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Terms of Use

Terms of Use

Introduction and Scope

The terms herein constitute an agreement between You and TMB Learning, Inc. (“TMB Learning”) that describes the terms of service (“Terms”) for which You may use the services offered on the TMB Learning website (“TMB Learning Site”). YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE TMB Learning WEBSITE, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND ANY ADDITIONAL TERMS THAT APPLY.

TMB Learning reserves the right to revise these site Terms at any time by posting an update to this page. Your continued use of the TMB Learning Site following the posting of changes to these Terms will mean You accept those changes.

Unlawful or Prohibited Use. You agree not to use the Site or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.

Indemnification. You agree to indemnify and hold harmless TMB Learning, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content that you Share, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights.

Monitoring. TMB Learning has no obligation to monitor the Site or screen Content that is Shared on or through the Site. However, TMB Learning reserves the right to review the Site and Content and to monitor all use of and activity on the Site, and to remove or choose not to make available on or through the Site any Content at its sole discretion.

You acknowledge that TMB Learning shall have the right to terminate Your access to the TMB Learning Site for violations of any of these rules, including repeat infringement of copyrights.

DISCLAIMER: EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TMB Learning 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 WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. TMB Learning MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. TMB Learning SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
LIMITATION OF LIABILITY: IN NO EVENT SHALL TMB Learning BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH UNDER DISCLAIMER AND LIMITATION OF LIABILITY DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

The TMB Learning Privacy Policy is incorporated by reference to the Terms.

Your Use and Conduct

Personal, Non-Commercial Use: The TMB Learning Site is made available for Your personal, non-commercial use only. Except as provided by specific terms governing a specific service, product, or information, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or services obtained from the TMB Learning Site.

No Unlawful or Prohibited Use: You agree that You will not use the TMB Learning Site or the information, products, or services available from them for, or to further, any unlawful purpose. Additionally, You will NOT:

1. Upload, post, email, transmit, or otherwise make available any content that:

a. Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or harmful to another party;

b. 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);

c. Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of another party;

d. Is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” website links, or any other form of content for the purpose of solicitation;

e. Contains software 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;

f. Consists of forged or manipulated information that disguises the true origin of any content You provide; or

g. Impersonates another person or entity, including, but not limited to, a TMB Learning employee, forum leader, guide or host, or falsely states or otherwise misrepresents Your affiliation with a person or entity.

2. Collect or store personal data about other users in connection with any prohibited conduct and activities;

3. Use the TMB Learning Site in any manner that could damage, disable, overburden, or impair any TMB Learning server, or network(s) connections; disobey any requirements, procedures, policies, or regulations of networks connected to the TMB Learning Site; or interfere with any other party’s use and enjoyment of the TMB Learning Site;

4. Attempt to gain unauthorized access to the TMB Learning Site content, other accounts, computer systems, or networks connected to any TMB Learning server through hacking, password mining, scraping, or by any other means to obtain any materials or information not intentionally made available on the TMB Learning Site;

5. Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; or

6. Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.privacy policy-terms & conditions

Miscellaneous

TMB Learning, Inc. Intellectual Property Rights: All content and services on the TMB Learning Site, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the “Materials”) are the intellectual property of TMB Learning, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission TMB Learning.privacy policy-terms & conditions

Third-Party Content and Links: Portions of the TMB Learning Site may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for Your convenience in making this third-party content available or accessible to You, You acknowledge that TMB Learning is not responsible for the third-party content. You also agree that TMB Learning IS NOT responsible or liable for any losses or damages You experience with any third-party content You chose to rely upon or advertisements You respond to, and that You must contact the third party directly for any remedies that may be available to You.privacy policy-terms & conditions

Governing Law: These Terms and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the State of Missouri without giving effect to its conflict of laws provisions or Your actual state or country of residence. privacy policy-terms & conditions.If for any reason, a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.privacy policy-terms & conditions

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