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:
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”).
Fees and Policies
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.
Intellectual Property and Authorized Use
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.
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.
Account: In order to use the Service, you have to create an account (“Account“). You must not allow anyone other than an authorized End User to access and use the Account. You acknowledge and agree (i) that the login details for each End User may only be used by that End User, and that multiple people may not share the same login details; (ii) to provide accurate and complete Account and login information; (iii) to keep, and ensure that End Users keep, all Account login details and passwords secure at all times; (iv) that you remain solely responsible and liable for the activity that occurs in connection with your Account, and the activities of your End Users on or relating to the Services, whether or not you know of such activity, and (v) to promptly notify Supplier in writing if you become aware of any unauthorized access or use of your Account or the Service. Supplier may suspend or terminate any End User’s access to the Services upon notice to you in the event that Supplier reasonably determines that such End User has violated these Terms or any other terms between Supplier and such End User pursuant to which such End User is permitted to access and use the Service. You will ensure that all End users comply with the terms and conditions of these Terms. You will be liable for any violation of the Terms by any End User.
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.
Marketing Activities, Use of Trademark: You hereby grant Supplier, its licensees, and affiliates, the right to use, reproduce, publish, perform and display, at its sole discretion, your trademarks, service marks, trade name, and/or logo (“Customer Marks“) on The Sites, in press releases and in Supplier’ printed and electronic marketing materials, solely in connection with the Service. You retain all title in and to Customer Marks, and all goodwill developed from such use shall be solely for your benefit. At any time, you may request in writing that Supplier and its affiliates cease to display Customer Marks and Supplier will subsequently remove Customer Marks from the Site and cease to use Customer Marks in any future press releases and marketing materials. Notwithstanding the foregoing, Supplier’s obligation to cease use of the Customer Marks in accordance with the foregoing sentence will not apply if you have explicitly agreed in an Order Form or other sales contract entered into with Supplier that Supplier can use your Customer Marks on the Site, in press releases, or in Supplier’s printed marketing materials.
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
GDPR Notice We endeavor to fully comply with the requirements of the General Data Protection Regulation (GDPR). To learn more about how we do this, please see our Terms of Service page.
For visitors or end users of this Site from outside U.S., including without limitation the European Union, please note that Tri Tuns is a U.S. company and as a result all information, including without limitation PII, will be transferred to the U.S. and, in managing and maintaining the Site, Tri Tuns has contracted with third parties (who in turn may in certain circumstances have retained subcontractors) for site hosting, information processing and other business services. By using this Site, you Consent to the Transfer of your PII and other information furnished by you to the United States as Well as to the Transfer of such PII and other information to third parties (and their subcontractors) under contract with Tri Tuns.
How We Collect Information; Types of Information
If you are a visitor to this Site and do not interact with the Site, We do not collect PII from you but We (or third parties under contract with us) may gather anonymized or aggregated information.
Personally Identifying Information (“PII”) We collect PII, for example, when you request information from us, make an online purchase (including subscriptions), register to participate in our online member community (including training and consulting services and our online Mutual Success Program), subscribe to our social media feeds, complete a survey that We have posted or have sent to you or if you comment on one of our Blog posts. For example, We treat your email address as PII. If you furnish your email address to us, it is utilized to respond to issues and inquiries of all types and to keep in contact with you generally. your email address is associated with your organization (which is treated as PII when associated with you) and is used to distribute information about us, including for marketing our services.
What Information We Collect and How We Collect It. As the provider of the Service, we receive and/or collect data, which may contain Personally Identifiable Information, in the following ways:
Customer Account Information: As part of the Service, we may collect or obtain information (including Personally Identifiable Information) that a Customer provides about itself, such as the Customer’s account name, phone number, email address, company information, and related information about its personnel (“Customer Data”).
Cookies and Other Tracking Technologies: Technologies such as: cookies, beacons, tags and scripts, tracking pixels, and retargeting links, are used by Tri Tuns and our partners e.g. marketing partners, affiliates, or analytics or service providers e.g. online customer support provider, etc. This Site collects data from you in the course of your navigation of the Site, such as the URL of the site you just came from, the browser version you use, your Internet Protocol (IP) address, IP ports, date/time of access, size of data transferred, pages you visit, and other similar data. These technologies are used in analyzing trends, administering the site, tracking users’ movements around the site, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual as well as aggregated basis.
Analytics / Log Files: We gather certain information automatically using Analytics technology and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which may identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We may link this automatically collected data to personally identifiable information.
Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use Local Storage Objects (LSOs) such as HTML 5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 LSOs.
How We use Information that you Furnish to us We may utilize anonymous Website traffic monitoring, usage or performance data collection programs and “cookies” to conduct marketing and research analysis (or such activity may be conducted by third parties providing data collection and analysis services under contract with us).
We may also use information collected by Website traffic monitoring, usage or performance data collection programs and “cookies” in order to store your preferences, improve Web site navigation, make personalized features and other services available to you, compile and analyze aggregate statistics and trends, and otherwise help administer and improve the Site.
In addition, We may use PII or other information we collect from you and others to: respond to your requests: maintain or protect the Site; improve the content or services that we provide; customize this site to your preferences, communicate information to you (where you have not expressed a preference otherwise), for our marketing and research analysis, and for other purposes identified to you.
We will use your PII or other information to help us make business decisions, for example in evaluating or determining types of services or new offerings that We should make available either on our own or in concert with others. We will also use PII and other information provided by you for other internal business purposes including aggregating information, data warehousing and mining, cross matching databases and pooling data in order to protect data; as well as for statistical analysis in order to develop and assess marketing campaigns and customer or market requirements and for such other reasonable business purposes that may not be directly connected to the operation of the Site. We may remove information when it becomes out of date or inaccurate or when properly requested by you, unless we are subject to a legal duty or requirement preserve such information.
Email Opt-Out: If you wish to subscribe to our newsletter(s), (accessible from our website) we will use your name and email address to send the newsletter to you. Out of respect for your privacy, you may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails, accessing the email preferences in your account settings page or you can contact us [email protected]
How We Share your information Tri Tuns may share your PII or other information furnished to us with our affiliates, partners, and third-party product or service providers. We do not trade or transfer your information to unaffiliated third parties other than authorized third parties (such as, for example, contractors and their subcontractors supporting operation of this Site), or other third parties involved in marketing or related activities (e.g., vendors, service providers, partners, licensees, affiliates, etc.) that may need access to your PII in order to directly or indirectly fulfill a contractual obligation with us.
We may engage third-party hosting providers to store information, including Personally Identifiable Information, on our behalf. Such information may be stored on servers located in different countries around the world.
Disclosures required by law Occasionally, We may be required by law enforcement, government contract officials, and/or judicial authorities to disclose or otherwise provide access to PII or other information furnished by you to certain judicial, governmental or regulatory authorities under applicable law, regulation or the terms of government contracts. We will disclose PII upon receipt of a court order, subpoena, or, if We are otherwise required to co-operate with law enforcement investigations or governmental or regulatory compliance reviews. We reserve the right to report to law enforcement agencies, to the extent permitted by law or regulation, any activities that We in good faith believe to be unlawful.
How We Protect your Information Tri Tuns contracts with, and relies upon, third parties (and their subcontractors) for site hosting, development, maintenance and other applications for the processing and/or storage of information, including PII, on this Site. We (or our third-party contractors and their subcontractors) use commercially reasonable safeguards to help protect and secure your PII and other information submitted to us. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. As a result, the security of any information you furnish to us, including PII, is at your own risk.
Children The Site is a general audience Website and We do not knowingly collect any PII from children younger than the age of thirteen (13). We will delete any PII collected that We later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed Personal Information to us, please contact us at [email protected]
Correction, Update, Deletion and Retention of Information you Provide you may at any time request corrections or updates to that information. We will make reasonable efforts to respond promptly to such requests for information. our response to such requests may be limited to information under our direct control.
Please notify us of any changes in your name, address, title, telephone number or e-mail address. you can correct your PII by contacting us to request changes.
We retain PII and other information you provide to us only for long as there is a business or legal need to do so. We will honor all requests to delete your PII. To request deletion, please email [email protected]
Other Web sites This Site contains links to the Web sites of other organizations. Tri Tuns is not responsible for the privacy practices or the content of other Web sites, and unless otherwise specified, does not imply any relationship, sponsorship, or affiliation between Tri Tuns and these linked sites, or adoption or approval of the content of such sites.
Security The security of Personally Identifiable Information is important to us. We follow generally accepted industry standards to protect the Personally Identifiable Information submitted to us, both during transmission and once we receive it.
Notes/Course Notes Our website offers a free online note-taking capability on various webpages, including many of the online course pages. The notes that you create are stored in our database and are made available to you for export or download. These notes are visible to Success Chain staff and system administrators, but they are not visible to other users (non- Success Chain team members). We may periodically review all user generated notes and use this information for various purposes, including, but not limited to, analyzing key topics, identifying additional training and marketing content development priorities, creating blog and social media posts, developing new tools, and creating derivative works that we make available for re-sell. Since many similar notes may be created by multiple users of Success Chain, we will not disclose or credit any specific note originator.
Single Sign On On certain pages of our site, such as our online portal, or the careers page, you can access their functionality by using an authentication service such as Twitter, Google or “Apply with Linkedin”. These services will authenticate your identity and provide you the option to share certain Personally Identifiable Information with us such as your name and email address. Services like these may give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
Testimonials We may display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected]
Reviewing and Exporting Your Data
All registered members of the successchain.net program have the ability to review and download a copy of all the data they have created on this site. To do so, users must request (and confirm in email) their request for a personal data export in the account settings area when logged in to the site. You will be notified by email when your request is processed and you will receive a link where you can review your personal data export.
Deleting User Accounts
All registered members of Success Chain may request that their account is deleted. This is performed using the “Delete Account” functionality in the account settings when logged in to the site. Caution! Deleting of accounts cannot be undone and you will lose all access to previous purchases and activity that are stored within the site.