TERMS OF USE
Effective May 2019
The following “Terms of Use” (“TOU”) govern the terms by which TMac FPV Learning Institute (“TMac FPV,” “us,” “we”, or “our”) provides its services through TMac FPV’s website and its online course hosted on an internet site maintained by Thinkific Inc. (collectively referred to herein as the “Website” or “Site”). TMac FPV provides its service to users of the Website (“you” or “your”), subject to the following Terms of Use (“TOU”), which may be updated by TMac FPV from time to time without notice to you. Please read these Terms of Use (the “Agreement” or the “TOU Agreement”) and Privacy Policy carefully before using the Website. Your use of the Website is subject to your acceptance of this Agreement and only in compliance with all applicable laws. When you access, browse, or use this Website, you accept, without limitation or qualification, the TOU Agreement as if you had signed it. Also, when using particular TMac FPV services, you and TMac FPV are subject to any posted guidelines or rules applicable to such services which may be posted from time to time. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY TMAC FPV AND ITS LICENSORS.
1. Restrictions on Use
Any materials posted on the Website that you copy, print, or download are licensed to you by TMac FPV for your personal, non-commercial use only, provided that you do not change or delete any copyright, trademark, or other proprietary notices. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website. TMac FPV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that TMac FPV shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
2. Public Communication and Forum Conduct
You are solely responsible for all content of any type, including but not limited to text, music, and/or photographs (collectively “Content”) that you upload, post, email, transmit or otherwise make available on the Website. TMac FPV does not control the Content posted by you or others on the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content. TMac FPV will not be liable for any Content, or for any loss or damage of any kind incurred as a result of the use of any made available in any manner through the Website. You agree that you, or any Content you submit, will not: contain libelous or otherwise unlawful, obscene, or abusive material; harm minors in any way; impersonate any person or entity, including, but not limited to, an TMac FPV official, forum leader, instructor, or other registered member, or falsely state or otherwise misrepresent our affiliation with a person or entity; contain any Content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party: contain any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Website or any servers or networks connected to the Website, “stalk” or otherwise harass another person or entity; or collect or store personal data about other users. We do not pre-screen Content, and have no obligation to do so, but you acknowledge that we reserve the right, in our sole discretion to refuse or move any Content that is available via the Website. Without limiting the foregoing, TMac FPV and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You acknowledge and agree that TMac FPV may retain Content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOU; (iii) respond to claims that any Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of TMac FPV, its users and the public.
3. Harassment or Intimidation
Sending of abusive or unwanted material causing the work or TMac FPV online experience of others to be disrupted may violate school policies, may violate the law, and is unacceptable. Targeting another person or organization to cause distress, embarrassment, injury, unwanted attention, or other substantial discomfort is harassment, which is prohibited. Personal attacks or other action to threaten or intimidate or embarrass an individual, group, or organization; or attacks based on a person’s race, national origin, ethnicity, handicap, religion, gender, veteran status, sexual orientation, or another such characteristic or affiliation are prohibited.
4. Content Submitted or Made Available for Inclusion on the Website
TMac FPV does not claim ownership of Content you submit or make available for inclusion on the Website. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Website, you grant TMac FPV an irrevocable, royalty-free, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, display, in all languages, and to incorporate such Content into other works in any format or medium now known or later developed. “Publicly accessible” areas of the Website are those areas of the Website that are intended by TMac FPV to be available to the general public. By way of example, publicly accessible areas of the Website would include TMac FPV discussion boards and portions of the Website that are open to both members and visitors. However, publicly accessible areas of the Website would not include portions that are limited to members, or enrolled distance education students, TMac FPV online services intended for private communication such as TMac FPV e-mail, or areas off of the TMac FPV network of properties such as portions of websites that are accessible through the Website but are not hosted or served by TMac FPV.
5. Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to TMac FPV from their creation. Thus, TMac FPV shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as TMac FPV determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to TMac FPV all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that TMac FPV has the right but not the obligation to use and display any postings or contributions of any kind and that TMac FPV may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
6. Individual Registration; Monitoring
You acknowledge and agree that TMac FPV, its affiliates, employees, contractors, and other designated representatives may monitor any and all of your activities in your use of the Course Content, including without limitation your session activity, progress preparing for exams, and results on practice exams. You acknowledge that TMac FPV’s ability to monitor access to, usage of, and potential misuse of the Course Content is essential to TMac FPV. To facilitate this, you represent that you have registered for the Website under your true legal name. You further acknowledge and agree that your employer or sponsoring firm, management and/or other persons designated by your employer or sponsoring firm, may monitor any and all of your activities in your use of the Course Content, including without limitation your session activity, progress preparing for exams, and results on practice exams. You agree to hold TMac FPV, its affiliates, suppliers, licensors, and sublicensees, and each of its and their respective employees, officers, directors, successors, licensees, agents, assigns, and advisors (collectively the “TMac FPV Parties”) harmless from and against any and all claims, damages, demands, or liabilities, including attorney’s fees and costs, relating to such monitoring activity, including without limitation any reporting and/or sharing of information regarding your use of the Course Content, and from and against any unauthorized use of the Course Content and/or any such information gathered from the monitoring activity described herein.
IF YOU ARE A “CORPORATE LICENSEE” OF THE COURSE CONTENT, YOU HEREBY GRANT TO TMAC FPV, ITS AFFILIATES, AND ITS INDEPENDENT ACCOUNTANTS THE RIGHT TO EXAMINE YOUR BOOKS, RECORDS AND ACCOUNTS DURING YOUR NORMAL BUSINESS HOURS TO VERIFY COMPLIANCE WITH THIS AGREEMENT. FOR PURPOSES OF THIS AGREEMENT, A CORPORATE LICENSEE IS DEFINED AS AN ENTITY OR OTHERWISE THAT HAS CONTRACTED WITH TMAC FPV TO PROVIDE THE COURSE CONTENT TO ITS STUDENTS OR OTHER “PROGRAM PARTICIPANTS”. IN THE EVENT SUCH AUDIT DISCLOSES NONCOMPLIANCE WITH THIS AGREEMENT, YOU SHALL PROMPTLY PAY TO TMAC FPV THE APPROPRIATE LICENSE FEES, PLUS THE REASONABLE COST OF CONDUCTING THE AUDIT.
7. Indemnity
You agree to indemnify and hold TMac FPV, and its directors, trustees, officers, employees, agents, affiliates, and co-branders, or other partners, and other users, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website, your use of the Website, your connection to the Website, your violation of the TOU, or your violation of any rights of any third party.
8. Dealings with Third Parties
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TMac FPV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
9. Links
The Website may provide, or third parties may provide, links to other websites or resources. Because TMac FPV has no control over such sites and resources, you acknowledge and agree that TMac FPV is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that TMac FPV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.
10. Payment & Refund Policy
TMac FPV offers paid “Services”, including but not limited to the Course Content for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and TMac FPV reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Each specific product, service, event or course will specify its own refund, if one exists. If not expressly specified, no refund exists.
11. Confidentiality
You acknowledge that the Course Content is confidential and proprietary to TMac FPV, that the information contained therein is of significant value, and that its disclosure to others would cause irreparable harm to TMac FPV. You agree that, upon expiration of the limited term of the license granted to you herein, you will return or destroy any copies of Course Content materials received from TMac FPV.
12. Content Updates
From time to time and at its sole discretion, TMac FPV may make updates to the Course Content as a result of changes in regulations and topics. TMac FPV has no obligation to you to make such updates, and any failure to do so shall not result in any liability of any kind to TMac FPV. In the event that TMac FPV releases updates to the Course Content materials, TMac FPV may post updates to the Course Content web site so that you may have access to the updates or changes to the Course Content materials. There shall be no additional charge to you for access to such online updates. However, you acknowledge and agree that TMac FPV has no obligation to provide you with any physical replacement of any materials. Physical material updates may be made available, at TMac FPV sole discretion, for an additional fee.
13. Carrier Charges
In addition to any fees that may be charged by TMac FPV for the Course Content, you may incur additional charges from telecommunications, internet, cellular, mobile, or other service providers. You agree that such charges are the sole responsibility of you or your employer. Please check with your service suppliers to obtain information on applicable fees.
14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE COURSE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TMAC FPV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. TMAC FPV MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TMAC FPV OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TMAC FPV SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TMAC FPV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND COURSE CONTENT RESULTING FROM ANY GOODS, DATA, INFORMATION OR COURSE CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
16. Termination
You agree that TMac FPV, in its sole discretion and without prior notice to you, may terminate your registered account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason, including, without limitation, for lack of use or if TMac FPV believes that you have violated or acted inconsistently with the letter or spirit of the TOU. TMac FPV may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which TMac FPV may be entitled in law or in equity. Upon termination of this Agreement all rights granted to you will automatically terminate. Paragraphs 1, 2, 4, 6, 7, 8, 9, 10, 11, 14, 15, 17, and 19 shall survive termination of this Agreement.
17. Trademark Information
TMac FPV trademarks, logos and product and service names are trademarks of TMac FPV Learning Institute and TMac FPV. Without TMac FPV’s prior permission, you agree not to display the above or use in any manner.
18. Copyrights and Copyright Agent
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by TMac FPV infringe your copyright, you, or your agent may send to TMac FPV a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon TMac FPV actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to TMac FPV a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. TMac FPV’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: [email protected]
This Agreement shall be binding upon and inure to the benefit of TMac FPV and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of TMac FPV Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by TMac FPV to any affiliated entity or any of its wholly owned subsidiaries.
Dispute Resolution:
These Terms of Use shall be governed by and construed in accordance with the laws of South Carolina, United States and any dispute shall be subject to binding arbitration in South Carolina, United States. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
19. General Information
The TOU Agreement and any posted operating rules constitute the entire agreement between you and TMac FPV and govern your use of the Website, superseding any prior agreements between you and TMac FPV with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, including but not limited to Thinkific terms of use. You may not assign your rights under this Agreement to any third party. If you acquired the software in any other country, unless expressly prohibited by local law, the TOU Agreement and warranties are controlled by and construed under the laws of the State of South Carolina, United States of America, notwithstanding any conflicts of law provisions; and the state and federal courts of South Carolina shall have exclusive jurisdiction over any claim arising under the TOU Agreement or warranties. You agree that this Agreement specifically disclaims the application of the UN Convention on Contracts for the international sale of goods. Notwithstanding the foregoing, as applicable, you or TMac FPV may seek interim injunctive relief in any court of appropriate jurisdiction with respect to any alleged breach of its intellectual property or proprietary rights. The TOU Agreement has been written in the English language, and you agree that the English version will govern this Agreement. The failure of TMac FPV to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Course Content or the TOU must be filed within twelve (12) months after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.
20. Violations
Please forward any questions or report any violations of the TOU to: [email protected]