Effective as of October 26, 2021
THIS TERMS OF SERVICE AGREEMENT (“Agreement”) is made by and between TRI TUNS, LLC, DBA “Success Chain”, a Maryland corporation, having its principal place of business at 7625 Wisconsin Ave., Bethesda, MD 20814, and Customer (including Customer’s Participants). Tri Tuns offers a variety of online training, videos, courses, consulting services, and member communities related to information technology user adoption, change management, customer success, digital transformation and success chain management – and Customer desires to purchase such Services. “Customer” means individuals or organizational entities that have purchased the online training Services and have accepted this Agreement. “Participants” or “End Users” means individuals, employees or clients of Customer who are authorized and designated by Customer to receive Tri Tuns online Services and Materials, who have registered to access the Services, and who have accepted this Agreement.
TRI TUNS collaborates with the company, SUCCESS TRACK ENTERPRISE which is an authorized licensee and partner of Tri Tuns’ Services. The terms of service outlined hereunder are also applicable to Success Track Enterprise and by accepting this agreement you extend your agreement to this policy to include Success Track Enterprise.
For the purposes of this agreement, the term “Supplier” refers collectively to Tri Tuns, LLC (DBA “Success Chain”) and Success Track Enterprise.
GDPR NOTICE: Supplier endeavors to fully comply with the requirements of the General Data Protection Regulation. This agreement identifies how personal data is used, stored and managed. For any questions or to request that your personal data is removed from our systems, please contact us using the information below:
Email: [email protected]
Phone: +1 301 841-7438
The online training services include the videos, courses, consulting, and virtual events found at “The Sites” https://www.successchain.net/, http://www.adopttec.com, http://www.trituns.com, https://csmastermind.com/, http://uamastermind.com/ and any subdomains of these websites (“the Services”). A Customer and its Participants shall have registered for access to the Services, shall have paid the Service Fee(s) and shall have accepted this Agreement in order to be granted access by Tri Tuns to the Services and the content and information in any media or form conveyed by Tri Tuns related to the Services (the “Materials”).
Mutual Success Program Members, Community Plus Memberships, events, training, seminars and service Fees(s) shall be paid in advance as provided in the registration process. Unless otherwise specified in the description for each product or service purchased, all Fees are non-refundable.
Online Training Policies: Supplier’s content as embodied in the Services and Materials my change at any time without notice.
Services: Customer’s access to the Services is licensed, not sold. Supplier agrees to provide Customer with non-exclusive access to the Services and certain Materials as further defined in the seminar, training or event descriptions, subject to the terms of this Agreement. No other access or use of the Services or Materials is authorized and any such use is prohibited. Access to the Services is provided solely to individual Participants. Each Customer and Participant is responsible for prohibiting and preventing anyone other than authorized designated Participants from accessing the Services.
Materials: Depending on the online event, training course, program, or community selected, Tri Tuns may provide each Participant with documentation or other materials in different media, i.e., the Materials. Customer and Participant(s) each acknowledge that the Materials are proprietary and confidential to Supplier; are protected by U.S. and international laws of copyright; Customer and Participant(s) further agree not to copy, modify or merge the Materials, in whole or in part, or create derivatives thereof. Customer and Participant(s) agree not to remove any legend denoting Supplier’ proprietary, copyright, trade secret or any other intellectual property rights from the Materials.
Legend: “© 2021 Tri Tuns, LLC. All rights reserved.
Legend: “© 2021 Success Chain. All rights reserved.
These Materials (and the Services) are confidential and proprietary to Supplier and shall only be shared with those Participants who are authorized to attend, view, or listen to the associated online training or course.” Supplier’ rights in the intellectual property embodied in the Services and/or Materials do not expire or terminate.
Restrictions on Use: You must not, and shall not allow any permitted End User to: (i) circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service; (ii) allow any third party to use the Service; (iii) give, sell, rent, lease, timeshare, outsource, sublicense, disclose, publish, assign, market, resell, transfer or distribute any portion of the Service to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement; (v) reverse engineer, decompile or disassemble the Service or any components thereof, except to the extent such acts are required to be permitted by applicable law; (vi) use any robot, spider, scraper, or other automated means to access the Service for any purpose; (viii) take any action that imposes or may impose (at Supplier’s sole discretion) an unreasonable or disproportionately large load on the Supplier infrastructure; (ix) interfere or attempt to interfere with the integrity or proper working of the Service, or any related activities; (x) modify, translate, patch, alter, change or create any derivative works of the Service, or any part thereof; (xi) disclose your Account (defined below) user names or passwords to any third party; (xii) remove, deface, obscure, or alter Supplier’s or any third party’s copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service, or use or display logos with the Service differing from Supplier’s own without Supplier’s prior written approval; and/or (xiii) use the Service in any unlawful manner or in breach of these Terms.
Warranty Disclaimer: Supplier makes no warranties, whether express, implied, or statutory regarding or relating to the Services or Materials furnished or provided to Customers or Participants under this Agreement. SUPPLIER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability: TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF SUPPLIER IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR MATERIALS EXCEED THE AMOUNT YOU PAID FOR THE SERVICES. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST SUPPLIER. IN NO EVENT SHALL SUPPLIER BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
5. Customer Data:
5.1. You and your End Users may choose to provide, post, input, submit, or otherwise make accessible to Supplier, data or information about you, your employees, customers, or any third party (“Data“), and Supplier may store such Data on your behalf, all in connection with your use of the Service. You hereby provide Supplier, its licensees, and affiliates, a limited non-exclusive, non-transferable license to use, upload, display, copy, distribute copies of, perform and display publicly, and store Data solely in connection with providing the Service.
5.2. You represent and warrant that (i) you own all Data or have all rights that are necessary to grant Supplier the licensed rights in Data under these Terms; (ii) your collection of Data has and will be in compliance with all applicable laws and regulations, including without limitation those concerning data or information privacy; and (ii) neither the Data, nor the inclusion of Data in or use of Data in connection with the Service, will infringe, misappropriate or violate any Intellectual Property Rights, or violate the privacy rights, of any third party, or result in the violation of any applicable law or regulation, including without limitation those concerning data or information privacy. Supplier reserves the right, but is not obligated, to remove or disable access to any Data, at any time and without notice. As between you and Supplier, you retain exclusive ownership of the Data. You acknowledge and agree that you remain solely responsible and liable for the Data. You may download your Data at any time during the Term, or as otherwise set forth herein, provided you comply with these Terms and Supplier’s security requirements. “Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), copyrights, trademarks, trade secrets, moral rights, know-how, and any other intellectual property rights recognized in any country or jurisdiction in the world.
The Service (and all parts thereof), all reproductions, corrections, modifications, enhancements and improvements thereto, and all data related your usage thereof, and all Intellectual Property Rights therein or relating thereto, are and will remain the exclusive property of Supplier or its licensors. Any rights therein not explicitly granted to you hereunder, are reserved to and shall remain solely and exclusively proprietary to Supplier (or its third party licensors).
Survival: All terms that should survive the termination or expiration of this Agreement, including without limitation terms regarding payment and Supplier intellectual property, shall survive.
Law: This Agreement shall be governed by the laws of the State of Maryland and the United States without reference to conflicts of laws.
BY CONTINUING TO USE THIS SITE, YOU, CUSTOMER AND PARTICIPANT, EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THESE TERMS OF SERVICE. Customer and Participant agree that that their respective assent, given electronically, will have the same legal effect as if it had been personally signed by Customer and Participant. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, PLEASE DO NOT CONTINUE TO NAVIGATE THIS SITE AND DO NOT REGISTER FOR AN ACCOUNT ON THIS SITE
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