Terms of Use – thetrainingnotebook.com

Last Updated March 5, 2019

Terms of Use – thetrainingnotebook.com

Please read these terms and conditions carefully before using this site

The Training Notebook, Inc. (“The Training Notebook,” “we,” “us,” or “our”) welcomes you. We provide you with access to our Services (as defined in Section1below), through our website located at https://www.thetrainingnotebook.com (the "Website") or through our mobile application (the "App" and together with the Website, the “Site”), subject to these terms of service (the “Terms of Service”), which may be updated by us from time to time without notice. By browsing the public areas of the Site or by accessing and using our Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Service and the terms and conditions of our Privacy Policy at https://www.thetrainingnotebook.com/Privacy_Policy (“Privacy Policy”), which is hereby incorporated by reference (collectively, the Terms of Service and the Privacy Policy are referred to as the “Agreement”). If you do not agree to any of these terms, then please do not access or use the Site and/or the Services.

Please read the following terms and conditions, since they are the legal terms that will govern your use of the services. Access and use of a paid subscription (as defined below) to our services is subject to the terms and conditions of this agreement.

We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Site and/or the Services, or to modify the Agreement, at any time and without prior notice. If we modify the Agreement, we will post the modification on the Site. By continuing to access or use the Site and/or the Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Site.

Please read the following terms and conditions, since they are the legal terms that will govern your use of the services. Access and use of a paid subscription (as defined below) to our services is subject to the terms and conditions of this agreement.

Capitalized terms not defined in these Terms of Service shall have the meaning set forth in our Privacy Policy.

1. Description and use of the site and services

   We provide Visitors and Subscribers (as such terms are defined below) with access to the Site as described below. We provide our Services on a subscription basis (“Subscription”). If you wish to try our Services you can sign up for a free trial subscription that will last for the period of time specified when you sign up as a Subscriber (as defined below). Upon expiration of the Free Trial (as defined in Section 3), you will have the option of continuing your subscription with a Paid Subscription (as defined below in Section 3), subject to the terms of this Agreement.

   Visitors Visitors, as the term implies, are people who do not register as Subscribers, but want to explore the Site. No login is required for Visitors. Visitors can view all content and access all publicly-available features and functionality on the Site, and can contact us.

   Subscribers Before you can access our Services (whether through a Paid Subscription or Free Trial), you are required to become a Subscriber (each, a “Subscriber”) by registering on our Site. We are under no obligation to accept any individual as a Subscriber, and may accept or reject any registration in our sole and complete discretion. Login is required for all Subscribers. Subscribers can do all the things Visitors can do, but Subscribers have access to and can use our hosted service which packages web-based access and the right-to-use the supported applications and associated reference, user and technical guides and related services provided via the Site (the “Services”). As noted above, a Subscriber’s access and use of Paid Subscription to our Services is governed by this Agreement.

   We are under no obligation to accept any individual as a Subscriber and may accept or reject any registration in our sole and complete discretion.

2. Account registration

   If you wish to become a Subscriber, you will be required to create an account on the Site. You will be prompted to create a user name (“User Name”), a password (“Password”), and perhaps provide certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each User Name and corresponding Password can be used by only one Subscriber. You are solely responsible for the confidentiality and use of your User Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Site using one or more of them. You will promptly inform us of any need to deactivate a Password or User Name, or change any Unique Identifier. Free Trials & Paid Subscriptions.

   • Free Trials

     The Training Notebook offers one free trial for the period of time specified when you register as a Subscriber (“Free Trials”) for people who are interested in trying our Services before committing to purchase a Paid Subscription. To learn more about Free Trial benefits and limitations, please visit us at the Site. The Training Notebook may, in its sole discretion, terminate a Free Trial at any time and/or impose restrictions on the use of a Free Trial. We do not ask you to provide your credit card or billing information for purposes of a Free Trial and we will not charge you any fees unless and until you purchase a Paid Subscription.

   • Paid Subscriptions

     If you wish to purchase a subscription to our Services, you must select one of the Service packages that are offered by The Training Notebook (a “Paid Subscription”). The various Paid Subscription types offered by The Training Notebook, as well as the fees, benefits, features and certain limitations associated with each Paid Subscription type, are described on our Prices Page on the Site. In order to purchase a Paid Subscription, you will be asked to supply your credit card number, the expiration date of your credit card, verification code, your billing address, and other relevant billing information (“Billing Information”). For more information about how we use your Billing Information, including how we may share it with third-party payment processors and vendors, please visit our Privacy Policy.

   • Changes to Paid Subscriptions

     The Training Notebook reserves the right to modify or discontinue any Paid Subscription type and/or any associated fees, benefits, features and limitations at any time, at its sole discretion, by updating its Prices Page (“Subscribership Changes”). If you have already purchased a Paid Subscription when a Subscribership Change is made, the Subscribership Change will go into effect for you at the next renewal of your Paid Subscription (provided that we may impose Subscribership Changes sooner upon written notice to you in cases where required by applicable law or in other extraordinary circumstances).

3. Automatic Renewals; Automatic Charges to Your Credit Card; Cancellation Policy

   • Automatic Renewals

     The initial term of your Paid Subscription will be for the period (annual or monthly) indicated on the Prices Page for the Paid Subscription type that you purchase. Such period is your “Subscribership Period.” At the end of the initial Subscribership Period and each subsequent renewal Subscribership Period, your Paid Subscription will automatically renew for another Subscribership Period unless (1) you cancel your Paid Subscription in accordance with our Cancellation Policy (described below) or (2) we elect not to renew your Paid Subscription in our sole discretion.

   • Automatic Charges to Your Credit Card

     By purchasing a Paid Subscription and providing your Billing Information, you authorize The Training Notebook to automatically charge our then-current Paid Subscription fees to your credit card at the beginning of the initial Subscribership Period and each subsequent Subscribership Period. Your credit card will continue to be automatically charged our Paid Subscription fees at the beginning of every Subscribership Period until you cancel your Paid Subscription in accordance with our Cancellation Policy described below.

   • Cancellation Policy

     You may cancel your Paid Subscription at any time by logging into your The Training Notebook account and following the instructions to cancel your Paid Subscription, or by emailing The Training Notebook at support@thetrainingnotebook.com. Once you cancel your Paid Subscription, we will not make any further automatic charges to your credit card.

     If you cancel your Subscribership within 24 hours after an automatic charge to your credit card is made, we will reverse the charge, less our processing fee, and your Paid Subscription and access to the Services will immediately terminate.

     If you cancel your Paid Subscription between 24 and 72 hours after an automatic charge to your credit card is made, we may keep the amounts charged to your credit card, but if you decide to reactivate your Paid Subscription in the future, we will credit those amounts towards your next payment. In such case, your Paid Subscription and access to the Services will terminate at the end of the Subscribership Period that you have paid for.

     We have no obligation to offer any refunds or credits if you cancel your Paid Subscription any time after 72 hours after an automatic charge to your credit card is made. In such case, your Paid Subscription and access to the Services will terminate at the end of the Subscribership Period that you have paid for.

     If you wish to turn off auto-renewal of your account please emails us at support@thetrainingnotebook.com. 24 hours before your renewal date.

4. Restrictions

   The Site is available only to individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Site only with the consent of your parent or guardian.

   We reserve the right, in our sole and absolute discretion, to deny you access to the Site, or any portion of the Site, including by closing or disconnecting your account, without notice and without reason.

5. Usage guidelines

   By using the Site, either as a Visitor or a Subscriber, you agree to comply with these user guidelines (the “User Guidelines”) and that:

   • You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful purpose;

   • You will not access or use the Site to collect any market research for a competing business;

   • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

   • You will not interfere with, or attempt to interrupt the proper operation of, the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined in Section 7 below), data, files, or passwords related to the Site through hacking, password or data mining, or any other means;

   • You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site;

   • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Site;

   • You will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;

   • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

   If you find something that violates our User Guidelines, please let us know, and we will review it.

6. Intellectual property

   The Site is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Agreement, The Training Notebook and our licensors exclusively own all right, title, and interest in and to the Site, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site.

   The Site contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of The Training Notebook (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

   You may view all Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of The Training Notebook. The Training Notebook and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

   If you violate any part of this Agreement, your permission to access the Content and the Site automatically terminates and you must immediately destroy any copies you have made of the Content.

   The trademarks, service marks, and logos of The Training Notebook (the “The Training Notebook Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of The Training Notebook. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with The Training Notebook Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of The Training Notebook Trademarks inures to our benefit.

   Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

   If you decide to use the Site, subject to your compliance with the terms and conditions of the Agreement, The Training Notebook grants you a limited, non-exclusive, non-transferable, revocable right for you to install, access, and use the Site on your device solely for your personal use in connection with the services provided via the Site. We reserve all rights in the Site not expressly granted to you in this section.

7. Communications with and submissions to us

   Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us (whether you are a Subscriber or a Visitor), including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

8. No warranties; limitation of liability

   YOU ACKNOWLEDGE THAT THE TRAINING NOTEBOOK DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND ANY OTHER DATA OR INFORMATION PROVIDED THROUGH THE SITE WILL BE ACCURATE OR COMPLETE.

   YOU ACKNOWLEDGE THAT THE SITE AND OUR SERVICES MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. CONSEQUENTLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE SITE OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE SERVICES, THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

   WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

   IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS (US $50).

   SOME JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

   SOME JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

   NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

9. External sites

   The Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites, unless we have otherwise provided that they are endorsements, such as suggested curated gifts which may include links to the products or services of our advertising or promotional partners. The content of such External Sites (whether or not endorsed by The Training Notebook) is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

10. Indemnification

    You agree to defend, indemnify, and hold us and our owners, Subscribers, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the Content or the Site; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

11. Compliance with applicable laws

    The Site and the Services are based in the United States. We make no claims concerning whether the Site, the Services or the Content may be viewed or be appropriate for use outside of the United States. If you access the Site, the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

12. Termination of the agreement

    We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Site and/or the Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site and/or the Services at any time without prior notice or liability.

13. Binding arbitration

    In the event of a dispute arising under or relating to this Agreement, the Site, or the Services (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 15 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

14. Class action waiver

    You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Equitable relief

    You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any such action by us.

16. Controlling law

    The Agreement and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of law provisions.

17. Changes to this agreement

    We may change this Agreement from time to time. Any such changes will be posted on the Site. If you are already have a Paid Subscription when a change to this Agreement is made, the change will go into effect for you at the next renewal of your Paid Subscription (provided that we may impose changes to this Agreement sooner upon written notice to you in cases where required by extraordinary circumstances). Please refer back to this Agreement on a regular basis.

18. Miscellaneous

    If the Agreement is terminated in accordance with the termination provision in Section 12 above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communication with and Submissions To Us,” “No Warranties; Limitation of Liability,” “Indemnification,” “Compliance with Applicable Laws,” “Termination of the Agreement,” “Controlling Law,” and “Miscellaneous.”

    Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, the Agreement constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

— Copyright © 2019 The Training Notebook. All rights reserved.