Access to and use of TMCIglobal.org is subject to the following terms and conditions. Please read these terms and conditions carefully before activating a course key. Completing the key activation process indicates that you accept and agree to abide by these terms and conditions set forth by TMCIglobal.org.
If you have received a key for your course, then please enter your key in the field to the right.
- Each time you access and/or use the Website (other than to simply read this User Agreement), you agree to be bound by and comply with all of the terms of this User Agreement and any Additional Terms (defined below). Therefore, do not use the Website if you do not agree to all of the terms of this User Agreement and any Additional Terms.
- The business realities associated with operating the Website are such that, without the limitations that are set forth in this User Agreement -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes -- COMPANY would not make the Website available to you.
A. Use, copy, modify or transfer any Software or any data or information provided by the Services, in whole or in part, including screen shots, except as provided in Section 1.1 above or without written permission from COMPANY;
B. Decompile, disassemble or reverse engineer or otherwise attempt to derive or interfere with the code for any Software;
C. Adapt, alter, or create derivative works based on the Website, Software or Services or Help File or any data or information or content provided by or contained in or on the Website, Software or Services, without written permission from COMPANY;
D. Use the Software or any data or information provided by the Services, in connection with any service bureau or simultaneously on more than one (1) workstation in any interactive cable, wireless, or other network of single user computers;
E. Sell, rent, lend, provide, or lease the Software, the Services, or any data or information provided by the Services, to or from another party;
F. Use the Website, Software or Services for non-personal, commercial purposes;
G. Display, perform, or publish the Website, Software or any data or information provided by the Services, or any portion thereof, either publicly or to a third party, without written permission from COMPANY;
H. Obscure, alter, replace, or remove any trademarks, copyrights or other intellectual property notices on or associated with the Website, Software, the Services, or any other COMPANY websites;
I. Mention or use the COMPANY name, or any trademarks of COMPANY, or any images or copyrights or other materials or property of COMPANY, in any non-personal or commercial publications, documents, printed matter, marketing, or advertising materials, in any format or medium, including electronic and online, on websites or in domain names, without the express prior written permission of COMPANY. Any such unauthorized uses by You of the COMPANY name, or any trademarks of COMPANY, or any images or copyrights or other materials or property, are hereby assigned by You to COMPANY, along with all rights, title, interests and goodwill related thereto; and/or
J. Imply, directly or indirectly, that COMPANY provides, endorses, sponsors, certifies, is connected with, is related to, is affiliated with, or approves any of Your conduct or content, websites, products, or services, in any capacity, even if in connection with the Services, without the express prior written permission of COMPANY.1.3 In addition to the other terms and conditions of this Agreement, You shall:
A. Comply with all applicable worldwide rules, laws, codes, and regulations related to the Services.1.4 Content You Submit and Community Usage Rules.
A. User-Generated Content.
i. General. COMPANY may now or in the future offer visitors to the Website the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Website (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding COMPANY Licensed Elements included therein, “User-Generated Content”). COMPANY may do this through forums, blogs, message boards, social networking environments, social communities, email, and other communications functionality. Subject to the rights and license you grant in this User Agreement, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content.
ii. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Website’s posted Privacy Statement or any Additional Terms, you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary and will not be returned, and (b) COMPANY does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon COMPANY’s request, you will furnish us with any documentation necessary to substantiate these rights and verify your compliance with this User Agreement or any Additional Terms. You acknowledge that the Internet may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content.
iii. License to COMPANY of Your User-Generated Content. Except as otherwise described in any Additional Terms (such as a contest’s official rules), which will govern the submission of your User-Generated Content, you hereby grant to COMPANY, and you agree to grant to COMPANY, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any media, software, formula, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services. In order to further effect the rights and license that you grant to COMPANY to your User-Generated Content, you also hereby grant to COMPANY, and agree to grant to COMPANY, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waiveable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2(A)(iii).
iv. COMPANY's Exclusive Right to Manage All User-Generated Content. COMPANY may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and COMPANY may, in its sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party. COMPANY reserves the right to treat User-Generated Content on the Website as content stored at the direction of users for which COMPANY will not exercise control except to block or remove content that comes to COMPANY’s attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable to COMPANY, or to enforce the rights of third parties or the content restrictions set forth below in the Rules (defined in Section 2(B) below) when notice of their violation comes to COMPANY’s attention. Such User-Generated Content submitted by you or others need not, however, be maintained on the Website by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Website.
v. Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the state in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User Generated Content, or you have a lawful right to submit the User-Generated Content and grant COMPANY the rights to it that you are granting by this User Agreement and any Additional Terms, all without any COMPANY obligation to obtain consent of any third party and without creating any obligation or liability of COMPANY; (b) the User-Generated Content is accurate; (d) the User-Generated Content does not and, as to COMPANY’s permitted uses and exploitation set forth in this User Agreement, will not infringe any intellectual property or other right of any third party; and (e) the User-Generated Content will not violate this User Agreement (including the Rules) or any Additional Terms, or cause injury or harm to any person.
vi. Enforcement. COMPANY has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at COMPANY’s cost and expense, to which you hereby consent and irrevocably appoint COMPANY as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
B. Community Usage Rules. As a user of the Website, these Community Usage Rules ("Rules") are here to help you understand the conduct that is expected of members of the Website's online communities ("Communities").
i. Nature of Rules. Your participation in the Communities is subject to all the terms in this User Agreement, including these Rules:
Your User-Generated Content. Do not use any User-Generated Content that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. For example, your User-Generated Content should not contain any visible logos, phrases, or trademarks that belong to third parties. If anyone contributes to your User-Generated Content or has any rights to your User-Generated Content, or if anyone appears in the User-Generated Content, then you must also have their permission to submit such User-Generated Content to COMPANY. (For example, if someone has taken a picture of you and your friend, and you submit that photo to COMPANY as your User-Generated Content, then you must obtain your friend’s and the photographer’s permission to do so.)
No Photos, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Website, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their permission to submit them. Additionally, if the photo, video, or image includes a minor, you must be the parent or guardian of the child, or have permission from the child’s parents or guardians, prior to submitting them.
Act Appropriately. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Website. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, or physical handicap. Your User-Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit.
Do Not Use for Commercial or Political Purposes. Your User-Generated Content must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law. If you submit User-Generated Content that COMPANY reasonably believes violates this paragraph, then we may take any legal action that we deem appropriate, in our sole discretion.
Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity. If you submit User-Generated Content that COMPANY reasonably believes violates this paragraph, then we may take any legal action that we deem appropriate, in our sole discretion.
Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.
Others Can See. We hope that you will use the Communities to exchange information and content and have discussions with other members. However, please remember that the Communities are a public forum and User-Generated Content that you submit on the Website within a Community will be accessible and viewable by other users. Do not submit personally identifiable information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on Community spaces and take care when disclosing this type of information to others.
Don't Share Other People's Personal Information. Your User-Generated Content must not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless , and in the form and by the method, specifically requested by COMPANY.
Don't Damage the Website or Anyone's Computers or Other Internet Devices. Your User-Generated Content must not submit viruses, trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Website or any computer or other Internet Device.
We reserve the right to request at any time proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User-Generated Content in question being removed from the Website.
ii. Your Interactions With Other Users; Disputes. You are solely responsible for your interaction with other users of the Website, whether online or offline. We are not responsible or liable for the conduct or content of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.1.5 Website and Content Use Restrictions.
A. Website Use Restrictions. You agree that you will not: (a) use the Website for any commercial or political purpose (including for purposes of advertising, soliciting funds, collecting product prices, and selling products); (b) use any meta tags or any other “hidden text” utilizing any COMPANY trademarks or trade names; (c) engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to COMPANY; (d) reverse engineer, decompile, disassemble, reverse assemble, or modify any Website source or object code or any software or other products, services, or processes accessible through any portion of the Website; (e) engage in any activity that interferes with a user’s access to the Website or the proper operation of the Website, or otherwise causes harm to the Website, COMPANY, or other users of the Website; (f) interfere with or circumvent any security feature of the Website or any feature that restricts or enforces limitations on use of or access to the Website, the Content, or the User-Generated Content; or (g) otherwise violate this User Agreement or any Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Content (other than your User-Generated Content that does not contain any COMPANY Licensed Elements): (a) you will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Website by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (b) you will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (c) you will keep intact all trademark, copyright, and other intellectual property notices contained in such Content; (d) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (e) you will not make any modifications to such Content (other than to the extent of your permitted use of the COMPANY Licensed Elements, if applicable); (f) you will not modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by this User Agreement or any Additional Terms or with the prior written consent of an officer of COMPANY or, in the case of Content from a licensor, the owner of the Content; or (g) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
C. Availability of Website and Content. COMPANY may immediately suspend or terminate the availability of the Website and Content (and any elements and features of them) for any reason, in COMPANY’s sole discretion, and without advance notice or liability (except as set forth in Section 9 below or any Additional Terms).
D. Reservation of All Rights Not Granted as to Content and Website. This User Agreement and any Additional Terms include only narrow, limited grants of rights to Content and to use and access the Website. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by COMPANY and its licensors and other third parties. Any unauthorized use of any Content or the Website for any purpose is prohibited.1.6 Procedure for Alleging Copyright Infringement.
A. DMCA Notice. COMPANY will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Website, then you may send us a written notice that includes all of the following:
i. a legend or subject line that says: "DMCA Copyright Infringement Notice";
ii. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
iii. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Website on which the material appears);
iv. your full name, address, telephone number, and e-mail address;
v. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
vi. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
vii. your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.
COMPANY will only respond to DMCA Notices that it receives by mail, e-mail or facsimile at the addresses below:
SCITENT, INC. 400 Preston Avenue, Suite 300 Charlottesville, VA 22903 Attention: DMCA Agent
- It is often difficult to determine if your copyright has been infringed. COMPANY may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and COMPANY may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
- Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
- Without limiting COMPANY’s other rights, COMPANY may, in appropriate circumstances, terminate a repeat infringer’s access to the Website and any other website owned or operated by COMPANY.
DMCA Counter-Notification. If access on the Website to a work that you submitted to COMPANY is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
i. a legend or subject line that says: "DMCA Counter-Notification";
ii. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Website from which the material was removed or access to it disabled);
iii. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
iv. your full name, address, telephone number, e-mail address, and the username of your account;
v. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Western District of Virginia and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
vi. your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.
- Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
- If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than10 and not more than 14 business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Website. You should also be aware that we may forward the DMCA Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
a. a legend or subject line that says: “Intellectual Property Infringement Notice”;
b. a description of the intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Website on which the material appears);
d. your full name, address, telephone number, and e-mail address;
e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
f. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and,
g. your physical signature or, if sent within an email (rather than in a physical document or a digital document attached to an email), your name typed followed by “//s//”, which will serve as your electronic signature.
We will act on such notices in our sole discretion. Any user of the Website that fails to respond satisfactorily to COMPANY with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.1.8 Unsolicited Ideas and Materials Prohibited; No Confidential or Special Relationship With COMPANY.
- COMPANY develops its own new ideas and COMPANY may solicit and receive product and services idea submissions from professional inventors or others with whom it has business relationships.
- Because of this, in your communications with COMPANY, please keep in mind that COMPANY does not accept or consider any unsolicited ideas or materials for products or services, or even improvements to products or services, such as ideas, concepts, inventions, or designs, content, videos or webisodes (collectively, “Unsolicited Ideas and Materials”). Therefore, you must not send to COMPANY (even within any of your User-Generated Content that we may request), in any form and by any means, any Unsolicited Ideas and Materials. Any Unsolicited Ideas and Materials you post on or send to us via the Website are deemed User-Generated Content and licensed to us as set forth above.
- Except as otherwise specifically described in the Website’s Privacy Statement or any Additional Terms, your relationship with COMPANY is not a confidential, fiduciary, or other type of special relationship and your Unsolicited Ideas and Materials, and anything else submitted by you (such as any questions, comments, answers, correspondence, postings, and the like) will be treated as non-confidential and non-proprietary User-Generated Content – regardless of whether you mark them “confidential”, “proprietary”, or the like. COMPANY will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing. Therefore, your decision to submit any Unsolicited Ideas and Materials to COMPANY does not place COMPANY in a position that is any different from the position held by members of the general public with regard to your Unsolicited Ideas and Materials.
- COMPANY finds that many submissions that it receives, including those from professional inventors, are already in the public domain; or are identical or substantially similar to products developed or in development by our own staff; or, for a host of many other reasons, are not novel or unique. So if, you send us any of your Unsolicited Ideas and Materials despite our request that you not do so, it’s likely they’re identical or substantially similar to ideas, concepts, and materials that, in the past, were developed by our staff or submitted to us by others. Likewise, in the future we may, without any reference to any of your Unsolicited Ideas and Materials, develop or receive from others ideas, concepts, and materials that are identical or substantially similar to your Unsolicited Ideas and Materials.
- COMPANY’s receipt of your Unsolicited Ideas and Materials is not an admission by COMPANY of their novelty, priority, or originality, and it does not impair COMPANY’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
A. Linked Websites; Advertisements. The Website may contain links, as part of third party ads on the Website or otherwise, to or from third-party websites (“Linked Websites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with COMPANY. COMPANY may have no control over the content, operations, policies, terms, or other elements of Linked Websites, and COMPANY does not assume any obligation to review any Linked Websites. COMPANY does not endorse, approve, or sponsor any Linked Websites, or any third party content, advertising, information, materials, products, services, or other items. COMPANY disclaims all liability in connection therewith. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Websites. COMPANY disclaims all liability in connection therewith.
B. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Website (including on or via Linked Websites or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). COMPANY disclaims all liability in connection therewith.1.11 Wireless.
A. Wireless Features. The Website may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access the Website’s features and upload content to the Website, receive messages from the Website, and download applications to your wireless Internet Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.