Last updated: December 01, 2019
1. Contact Information
means the third party that offers their Content through the Traloctec Learning Portal.
3. Modifications of Terms
4.1 Purchase Price; Payment Transactions; Refunds
5. Access to the Site and Catalogue; Modification of Content
6. Prohibited Conduct
You expressly agree to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects Traloctec’s computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and Content available on the Site other than what is expressly allowed by these Terms.
- Permit or provide others Access to the Catalogue using Your username or email-address, and password or otherwise, or the name and password of another authorized User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other Content available on the Site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Content available on the Site.
- Transfer the Site Content to another person; ‘frame’, ‘mirror’, ‘in-line link’, or employ similar navigational technology to the Site Content; or ‘deep link’ to the Site Content.
- Violate or attempt to violate Traloctec’s security mechanisms, Access any data or server You are not authorized to Access or otherwise breach the security of the Site or corrupt the Site in any way.
- Engage in any other conduct, which violates the Copyright Act or other laws, including the laws of the United States.
- Use any device (such as a ‘web crawler’ or other automatic retrieval mechanism) or other means to harvest information about other Users or the Site.
- Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or Content in violation of a third party’s intellectual property rights.
- Misrepresent Your identity or personal information when Accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Traloctec.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the Site.
- Provide any commercial hosting service with Access to the Site and/or the Content on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, Traloctec reserves the right to monitor use of the Site and reserves the right to revoke or deny Access to the Catalogue to any person or entity whose use of the Catalogue suggests Prohibited Conduct. Access of the materials available at the Catalogue beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Catalogue and will result in revocation or denial of Access to the Site and Catalogue. The terms “normal patterns” and “abuse” shall be determined solely by Traloctec.
We may report suspicious behavior to and cooperate with civil and criminal enforcement agencies both in the United States and abroad. You hereby consent to monitoring and to the provision of all information about Your use of our Site to law enforcement and others as may be useful to respond to allegations that our website, Content, services or information has been misused or violates the rights of any third party.
You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
7. Limited Warranties
Traloctec warrants that the software that allows Users to Access the Catalogue (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. Traloctec provides no warranty that Your hardware, software, telecommunications equipment and/or Internet service is compatible or sufficient to Access the Site. Although Traloctec has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
8. Disclaimers and Limitation of Liability.
EXCEPT FOR THE LIMITED WARRANTIES DESCRIBED IN SECTION 7 IMMEDIATELY ABOVE, TRALOCTEC HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE, ANY PRODUCTS OR SERVICES ON THE SITE OR THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, DATA AND INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY IMPLIED INDEMNITIES. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER THAT ARE IN EXCESS OF THE AMOUNTS TRALOCTEC HAS RECEIVED FROM YOU, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF OUR WEBSITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD OR STREAMED IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AS A RESULT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR STREAMING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO DEALER, AGENT, REPRESENTATIVE, LICENSEE OR EMPLOYEE OF TRALOCTEC IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
9. Third Party Content; Hyperlinks
You acknowledge that Traloctec does not pre-screen third party materials. Traloctec is not the publisher or author of any information on the Site that is provided by third party Content Providers, and Traloctec is not liable for any claims related to such information. Traloctec’s use of such Content constitutes neither an endorsement nor a recommendation by Traloctec of the Content. Traloctec assumes no responsibility for third party products or services.
Our website(s) may contain links and references to other third party websites and materials. We do not assume any responsibility for these websites or materials and provide these links or materials solely for Your convenience. Traloctec may disable any hyperlink to our Site at any time. We reserve the right (but are not obligated), subject to applicable laws, to monitor third party websites and hyperlinks on and to our website.
TRALOCTEC MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF, NOR ANY IMPLIED INDEMNITIES FOR ANY DATA OR INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, TRALOCTEC DOES NOT REPRESENT OR WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON A TRALOCTEC WEBSITE.
10. Copyrights, Trademarks and Other Proprietary Rights
Traloctec and/or its third party Content Providers retain all rights throughout the universe in the intellectual property in and on the Traloctec website, including but not limited to trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the website, its color combinations, layout, and all other graphical elements, and the copyrights in and to its Content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Traloctec. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Catalogue may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Traloctec, except as provided in these Terms. Nothing in these Terms grants You an express or implied license to use any of Traloctec’s or its third party Content provider’s intellectual property except as set forth in Section 5.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Traloctec, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
You agree that You shall indemnify and hold harmless Traloctec, its officers, directors, employees, agents, shareholders, successors and assigns and all entities that have contributed Content, information or data to, or provided services on or through Traloctec against any and all losses, claims, demands, expenses (including reasonable attorneys’ and expert witness fees) or liabilities of whatever nature or kind arising in any way out of Your violation of this agreement, any of its terms or conditions or Your use of our website, or of the Content, or information and data contained therein or provided through it.
12. Security; Authorized Use
You may not, directly or indirectly, violate or attempt to violate the security of any Traloctec website. Traloctec has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Traloctec may immediately suspend Your Access while it conducts an investigation. Users are required to enter a username and password to Access purchased items from the CATALOGUE. To protect against unauthorized Access to Your account, we recommend You close Your browser when You have finished using our website. You are responsible for maintaining the secrecy of Your username and password.
You represent and warrant that You are the person on whose behalf You claim to accept this agreement. As stated earlier in this agreement, if You are entering into this agreement on behalf of a third person or entity, You represent and warrant that You have the power and authority to enter into these terms and bind such person or entity. You also represent and warrant that You are an adult who is legally able to enter into this agreement.
You may not use the account, username or password of someone else at any time. You agree to notify Traloctec immediately of any unauthorized use or loss of Your account, username, password and/or credit card information. You also agree to notify Traloctec immediately if You are aware of or suspect other unauthorized use of our website and/or any Content or instructional programs. Traloctec will not be liable for any loss or damage You incur as a result of someone else using Your username and password (with or without Your knowledge). You may be held liable for any losses incurred by Traloctec, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, username or password.
Traloctec will never ask You for Your password. If You need a new username and/or password, Traloctec will allow You to reset Your username and password through its computers and send a link to Your e-mail.
13. Termination of Agreement
The term of this Agreement shall begin on the day that You first Access our website and shall continue until terminated by either of us upon notice, which may be given by email. The terms of sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, and 16 shall survive any termination or expiration of this Agreement. Additionally, all of the restrictions on use of our information shall continue to apply to information downloaded from any Traloctec website until all copies of that information are destroyed by You. In addition to any other rights or remedies Traloctec may have at law or in equity, Traloctec may terminate this agreement at any time and at its sole and absolute discretion. Traloctec may also terminate Your Access to the Catalogue (and other Content) or otherwise block or cancel Your Access to our website without notice if we believe, in our sole judgment, that You have breached or may breach any term or condition of this agreement, or engaged in conduct that Traloctec deems inappropriate. Your obligation to pay fees shall survive any termination of this Agreement.
These terms and conditions of this Agreement constitute the entire agreement between Traloctec and You regarding the subject matter hereof, and any conflicting terms or conditions set forth in any other document, including without limitation any purchase order, shall be of no effect. In the event that You have entered into two or more current contracts with Traloctec and there is any discrepancy between the terms of those contracts, the provisions of this agreement will take precedence. Any previous agreement, whether oral or written, between You and Traloctec dealing with the subject matter hereof is superseded. This agreement may only be modified or amended in writing on this Site, by Traloctec. If any portion of this agreement is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon Your breach or threatened breach hereof, Traloctec may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Traloctec ‘s remedies are cumulative and not exclusive. Failure of Traloctec to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of this agreement at any later time. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing any Traloctec website, You agree to and accept this shortening of the statutes of limitations. Traloctec makes no covenant, representation or warranty that any Content on or available through its website is appropriate or available for use in all locations. Traloctec operates its website from the United States and makes no representation or warranty that its website or operation thereof complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using any Traloctec website. You may not assign Your rights or delegate Your duties under this agreement. The parties agree that no third party is an intended beneficiary of these terms.
16. Governing Law; Dispute Resolution; Forum and Venue
This Agreement shall be governed by, construed and enforced in accordance with the internal laws of the State of California, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Santa Clara County, California. The parties hereby consent to personal jurisdiction over them by the courts within Santa Clara County, California. The parties waive all objection and challenge to such venue and personal jurisdiction.
All disputes between You and Traloctec shall be finally resolved through binding arbitration in Suisun City, California. The arbitration shall be conducted by one (1) arbitrator selected under the applicable rules of JAMS. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Superior Court, Solano County or the United States District Court for the Northern District of California. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, Solano County or the United States District Court for the Northern District of California for any equitable claim or other action related to or arising from this agreement, or any terms and conditions contained herein. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
17. Notice of Copyright Infringement
We respect the intellectual property rights of others, and ask you to do the same. It is our policy to terminate the Access privileges of those who repeatedly infringe the copyright rights of others. If You believe that Your work has been posted on the Site in a way that constitutes copyright infringement, please contact us at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that You claim has been infringed, and identification of the time(s) and date(s) the material that You claim is infringing was displayed on the Site; (3) Your address, telephone number, and email address; (4) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content in Your User Content, You may send a counter-notice containing the following information to the copyright agent: (1) Your physical or electronic signature; (2) identification of the Content that has been removed or to which Access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that You have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and e-mail address, a statement that You consent to the jurisdiction of the federal court in the Western District of Washington and a statement that You will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content Provider, Member or User, the removed Content may be replaced, or Access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Our designated agent for notice of copyright infringement can be reached at:
1725 Stoneman Drive
Suisun City CA 94585