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Terms of Use (user) Agreement
We are Third Quarter Tribe cic (Company number: 12340103) and we own and operate this website and link to Thinkific who host our online course collectively referred to as (‘Site’ ,"Website", or"Course")
Your use of the Site is subject to these Terms of Use. By using the Site, you will be deemed to have accepted and agreed to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. You can determine when we last changed these Terms of Use by referring to the ‘LAST UPDATED’ statement. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.You are responsible for all access to the Site using your Internet connection, even if the access is by another person.
1. Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.Wherein, you understand that:
1.1 In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
1.2 You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
1.3 Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
1.4 Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
1.5 Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
1.6 You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorised activities conducted by you, as explained above, and may incur criminal or civil liability.
1.7 We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
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Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
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Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
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Contains any type of unauthorised or unsolicited advertising;
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Impersonates any person or entity, including any http://www.tqtribe.com employees or representatives.
1.8 We have the right at our sole discretion to remove any content that, we feel in our judgement does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
1.9 We reserve the right to restrict your access to the Site or part of it. Access to restricted areas of the Site may be subject to registration and other conditions. If we grant you permission to access a restricted area, we may withdraw that permission at any time (including where you breach any of these Terms of Use).
1.10 We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Third Quarter Tribe, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
1.11 You agree to indemnify and hold harmless Third Quarter Tribe and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal and professional fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
1.12 Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
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use the Site for any fraudulent or unlawful purpose;
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use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
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impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
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interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
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transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
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reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
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modify, adapt, translate, reverse engineer, compile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an inter operable program you must contact us and we may provide interface data subject to verification of your identity and other information;
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remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
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frame or mirror any part of the Site without our express prior written consent;
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create a database by systematically downloading and storing Site content;
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use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
1.13 You may create a link to this Site, provided that the link is fair and legal and is not presented in a way that is:
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misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
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harmful to our reputation or the reputation of any of our affiliates;
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you retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so;
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the link is to the homepage of this Site at the following URL www.tqtribe.com
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the link will not cause this Site or any content on this Site to be:
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embedded in or ‘framed’ by any other website,
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otherwise displayed in a way different to the way originally intended by us.
2. Privacy
Your privacy is very important to us. Please see the Third Quarter Tribe privacy policy which explains in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this Terms of Use Agreement.
3. Cookies
Like many websites, we do use cookies in order to provide you with a better user experience. Specifically, we use cookies for Google Analytics, which helps us understand how people use our website so that we can continually improve it. Our website also uses cookies for some social media sites such as Facebook and Twitter buttons. All information gathered is anonymous and helps provide you with a better browsing experience.
4. Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
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the use of our Resources will meet your needs or requirements.
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the use of our Resources will be uninterrupted, timely, secure or free from errors.
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the information obtained by using our Resources will be accurate or reliable, and
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any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
no information or advice, whether expressed, implied, oral or written, obtained by you from Third Quarter Tribe or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
5. Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Third Quarter Tribe will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
6. Copyrights and Trademarks
All content and materials available on http://www.tqtribe.com, including but not limited to text, graphics, website name, code, layout, images and logos are the intellectual property of Third Quarter Tribe, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorised by Third Quarter Tribe.
7. Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
8. Governing Law
This website is controlled by Third Quarter Tribe from our offices located in the UK. It can be accessed by most countries around the world. As each country has laws that may differ from those of the UK, by accessing our website, you agree that the statutes and laws of the UK, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in UK. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
9. Disclaimer
Unless otherwise expressed, Third Quarter Tribe expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: info@tqtribe.com
10. Changes to our Terms and Conditions
If we decide to change our Terms and Conditions, we will post those changes on this page, and/or update the Terms and Conditions modification date below
The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
LAST UPDATED 3 March 2021