TECH ROCKET TERMS & CONDITIONS
UPDATED NOVEMBER 1, 2016
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Tech Rocket, acceptance is expressly limited to these terms. The Website may only be used by individuals who are at least 13 years old, or by individuals under the age of 13 who have received approval from a parent/guardian to use the Website.
YOUR TECHROCKET.COM ACCOUNT
If you create an account on the Website, you are responsible for maintaining the security of your account, including login information, and you are fully responsible for all activities that occur under the account. You must immediately notify Tech Rocket in writing at info@ techrocket.com any unauthorized uses of your account or any other breaches of security. Tech Rocket will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
RESPONSIBILITY OF CONTRIBUTORS
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means on the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not sexual in nature or pornographic, does not contain materials unsuitable for children, including threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- Your content is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
- Your content is not named in a manner that misleads your readers into thinking that you are another person or company or affiliated with Tech Rocket, internalDrive or iD Tech; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tech Rocket or otherwise.
USER CONTENT LICENSE
User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, Tech Rocket has the right (though not the obligation) to, in Tech Rocket’s sole discretion (i) refuse, reject or remove any content that, in Tech Rocket’s reasonable opinion, violates any Tech Rocket policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of, the Website to any individual or entity for any reason. Tech Rocket has no obligation to provide a refund of any amounts previously paid, if Tech Rocket refuses, rejects, or removes Your content..
MEMBERSHIP - SUBSCRIPTIONS, RENEWALS AND CANCELLATIONS
Tech Rocket membership is available in various subscription plan types and durations. All subscription options are paid in full at the time of purchase and/or auto-renewal period. The entire membership cost is non-refundable no matter when the cancellation falls within the purchased period. No unused term proration is applicable.
All paid subscription types auto-renew with the credit card on file. You will receive a confirmation email after the charge has been completed. You can cancel at any time via your Tech Rocket account settings. However, there is no proration of unused days or months. Please contact Tech Rocket Customer Service with any questions at firstname.lastname@example.org or 844-662-7258. Membership and subscription terms may change without notice.
Tech Rocket is an online learning environment for self-paced learning. “Live Coaches” are available to assist participants if needed. These coaches are available via a chat service during standard business hours. All coaches are adults who are full-time Tech Rocket employees located in our Main Office. Interaction between participants and coaches follows the same rules and policies as other programs offered at Tech Rocket. Live Coaches are available to participants on a first-come, first-served basis. Live Coaches will never ask for personal information and are only intended to coach participants through short (10 minute or less) course issues. In order to better assist a participant, a Live Coach may request access to control the participant’s mouse and access/edit files related to Tech Rocket course support.
Hosting, Support Services
Optional Hosting and Support services may be provided by Tech Rocket under separate terms and conditions for each service. By signing up for a Hosting/Support or Support services account, you agree to abide by such terms and conditions.
RESPONSIBILITY OF WEBSITE VISITORS
Tech Rocket has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Tech Rocket does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tech Rocket disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
CONTENT POSTED ON OTHER WEBSITES
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which techrocket.com links, and that link to techrocket.com. Tech Rocket does not have any control over other websites and webpages, and is not responsible for their contents or their use. By linking to a non-techrocket.com website or webpage, Tech Rocket does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tech Rocket disclaims any responsibility for any harm resulting from your use of non-techrocket.com websites and webpages.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
As Tech Rocket asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by techrocket.com violates your copyright, and if this website resides in the USA, you are encouraged to notify Tech Rocket in accordance with Tech Rocket’s Digital Millennium Copyright Act ("DMCA") Policy. Tech Rocket will respond to all such notices, including as required or appropriate, removing the infringing material or disabling all links to the infringing material. Tech Rocket will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to have infringed of the copyrights or other intellectual property rights of Tech Rocket or others. In the case of such termination, Tech Rocket will have no obligation to provide a refund of any amounts previously paid to Tech Rocket.
These terms and conditions do not transfer any intellectual property to you, and all rights, title and interest in and to such property will remain (as between the parties) solely with Tech Rocket. Tech Rocket, techrocket.com, the techrocket.com logo, and all other trademarks, service marks, graphics and logos used in connection with techrocket.com, or the Website are trademarks or registered trademarks of Tech Rocket or Tech Rocket’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Tech Rocket or third-party trademarks.
Tech Rocket reserves the right to display attribution links such as ‘Powered by techrocket.com,’ theme, author, and font attribution in your content footer or toolbar. Footer credits and the techrocket.com toolbar may not be removed regardless of upgrades purchased.
Tech Rocket reserves the right, at its sole discretion, to modify or replace any part of these terms and conditions. It is your responsibility to check periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Tech Rocket may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to these terms and conditions.
Tech Rocket may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your techrocket.com account (if you have one), you may simply discontinue using the Website. All provisions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
DISCLAIMER OF WARRANTIES
The Website is provided "as is". Tech Rocket, its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tech Rocket nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
LIMITATION OF LIABILITY
In no event will Tech Rocket, or its suppliers or licensors, be liable with respect to any subject matter of these terms and conditions under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Tech Rocket under this agreement during the six (6) month period prior to the cause of action. Tech Rocket shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
GENERAL REPRESENTATION AND WARRANTY
You agree to defend, indemnify and hold harmless Tech Rocket, its suppliers, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of these terms and conditions.
These terms and conditions, as well as access to or use of the Website will be governed by the laws of the state of California, U.S.A., and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these terms and conditions shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Campbell, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these terms and conditions shall be entitled to costs and attorney fees. If any part of these terms and conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these terms and conditions to any party that consents to, and agrees to be bound by, its terms and conditions; Tech Rocket may assign its rights under these terms and conditions without condition. These terms and conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.