If you live in the United States or Canada, by agreeing to these Terms you are agreeing to waive any and all jury trials and resolve any dispute with TQL through binding arbitration (see the Dispute Resolution section, below).
- Your Account
You need to setup an account with TQL to enable yourself to receive our Services. You have responsibility for your TQL account, and you must ensure that all the information you provide TQL with is accurate, including your e-mail address. You should hold your username and password in strict confidence. If someone other than you obtains and uses your login credentials, TQL reserves the right to disable your account, without providing you a refund.
- Course Enrollment and Limitation of Use
Any educational or other materials received by you from TQL are the sole property of TQL. When you receive TQL’s Services, you are receiving a limited license from TQL to view its materials and utilize them to educate yourself. TQL’s courses are licensed to you—you do not own them. You cannot resell the course in any way, or share TQL’s materials or its services with others. In other words, TQL gives you a limited, non-exclusive, non-transferable license to access and view TQL’s materials, solely for your personal, non-commercial, educational purposes through TQL’s Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of TQL’s Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless TQL gives you explicit permission to do so in a written agreement. This applies to content you access via TQL’s website or mobile app.
- Payment for Services
You agree to pay the fees for TQL’s Services that you elect to purchase, and you authorize TQL to charge your debit or credit card or process other forms of payment for those fees. TQL will not provide refunds, unless TQL determines, in its sole discretion, that a refund is warranted.
- Ownership of Content
In the event you make comments, pose question, or submit suggestions for new Services improvements to TQL, you authorize TQL to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as TQLsees fit. In other words, by submitting information to TQL, you grant TQL a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with TQLfor the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize TQL to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
- TQL’s Rights
All right, title, and interest in and to the TQL online presence and its Services, including its website, its existing or future applications, its mobile applications, and its databases are and will remain the exclusive property of TQL. You cannot use the TQL name or any of the TQL trademarks, logos, domain names, marketing materials, educational materials, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TQL or the Services is entirely voluntary and TQL is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.
In accessing TQL’s website or utilizing its materials and Services, you agree that you shall not copy, modify, create a derivative work of, reverse engineer, or reverse assemble TQL’s Services or materials. In addition, you shall not use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as TQL) to others.
- Miscellaneous Terms
You also agree that these Terms represent the entire understanding between you and TQL, and they supersede all previous agreements, whether oral or written between you and TQL. No change or modification of these Terms shall be valid unless the same be in writing and published by TQL on its website. If any portion of these Terms is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms.
Neither the waiver by TQL of a breach of or a default under any of the provisions of these Terms, nor the failure by TQL, on one or more occasions, to enforce any of the provisions of these Terms or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.
TQL’s Services and materials are provided on an “as is” and “as available” basis. TQL makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or TQL’s materials, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TQL makes no warranty that you will obtain specific results from use of the Services or TQL’s materials. Your use of the Services (including any content) is entirely at your own risk.
You also agree that TQLhall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, as a result of TQL’s services or your use of TQL’s materials. TQL’s liability to you or any third parties under any circumstance is limited to the total amount paid by you to TQL over the previous 12 month period before the event giving rise to your claim(s).
You agree to indemnify, defend, and hold harmless TQL and its members, managers, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from any actions taken by you that are intentional or negligent. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and TQL.
- Dispute Resolution
Your relationship with TQL and use of TQL’s Services and materials shall be governed by the laws of the State of North Carolina, and any disputes arising under these Terms shall be adjudicated in Mecklenburg County, North Carolina.
You agree that any controversy or claim arising out of or relating to these Terms or your relationship with TQL and use of TQL’s Services and materials, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Commercial Arbitration Rules. The arbitration hearing shall take place before a single arbitrator in Mecklenburg County, North Carolina. This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated. Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION. You and TQL agree that at the conclusion of any arbitration, the losing party shall be solely responsible for all legal fees and costs incurred by the prevailing party, including fees incurred during pre-trial, trial, and any applicable appeal or appeals.
- Updating these Terms
When TQL deems it appropriate, it may update these Terms to clarify its practices or to reflect new or different practices. TQL reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If TQL makes any material change, it will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through its website. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
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