TERMS OF SERVICE
USE: All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio/video clips, downloads, interfaces, material, information, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by TBC, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may only access, copy, download and print the content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the content you access, copy, download or print. Any other use of content on the Site is expressly prohibited. TBC reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. TBC or its licensors or content providers, retain full and complete title to the content provided on the Site, including all associated intellectual property rights, and provide this content to you under a non-exclusive limited license that is revocable at any time in TBC’s sole discretion. TBC neither warrants nor represents that your use of content on this Site will not infringe rights of third parties.
You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way; (iv) frame this Site or use TBC’s proprietary marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without duly authorized prior written consent from an authorized representative of TBC.
TBC reserve the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice.
YOUR USE: When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Site (the “Account”), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to any personal account you created on the Site, notify TBC immediately. TBC may assume that any communications it receives under your e-mail address, password and any other account identifiers related to any personal account you created on the Site have been made by you unless it receives notice otherwise.
USER SUBMISSIONS: Any comments, suggestions, reviews, ideas, materials and other submissions (“User Submissions”) that you send, provide or convey to or on behalf of TBC are provided on a non-confidential and non-proprietary basis. By submitting User Submissions, you are granting TBC an irrevocable, royalty-free, perpetual, worldwide, and fully sub-licensable license to reproduce, publish, modify, adapt, translate, creative derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant TBC the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify or attribute you in connection with any such use. You also agree that we will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever without notifying or providing any further compensation to you.
You represent that no User Submission made by or through you to or through the Site violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further represent that no User Submissions made by or through you to the Site will be or contain material that is offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate the security of the Site or would otherwise violate the law. You agree that you will remain responsible for the content of any User Submissions you make and that you or any party acting through you will not seek to hold TBC liable for the User Submissions of others.
DISCLAIMER: YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENT AND MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT AND MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TBC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. THE INDEMNIFIED PARTIES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE (ii) ANY INFORMATION OR OTHER CONTENT YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; (iii) YOUR USE OF THE SITE IS AT YOUR OWN RISK; AND (iv) THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR CONDUIT FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, TBC’S REMOVAL OR DELETION OF ANY MATERIALS OR USER SUBMISSIONS SUBMITTED OR POSTED ON OR THROUGH ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE INDEMNIFIED PARTIES IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND TBC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Jurisdiction and Applicable Law
ACKNOWLEDGEMENT: You acknowledge that the Entire Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of content available at or through the Site.
Last updated September 7, 2017.