Terms of Service and Use

​Please Read Trunity's "Terms Of Service and Use" Carefully Before You Use Our Service.

Welcome to Trunity, a collaborative knowledge management, publishing and education delivery platform – the Trunity Learning Platform. Please read the following Terms of Service and Use carefully. These Terms of Service and Use contain important information regarding your rights, obligations and restrictions in connection with your use of the Trunity Services. By visiting or using the Trunity services, you accept and agree to be bound by these Terms of Service and Use ("Terms of Service and Use" or "Agreement"), whether or not you register as a Member. If you do not agree to these Terms of Service and Use you may not use Trunity services, and you may not register as a Member.

You agree that we may modify this Agreement from time to time in our sole discretion and without prior notice. Any modification of this Agreement will be posted on the Trunity Learning Platform. The modified Agreement will become effective upon such posting. Your continued use of the Learning Platform and Services after posting of the amended Agreement indicates your acceptance of and agreement to be bound by the amended Agreement.

1. The Service

The Service offered by Trunity includes the platform (the "Trunity Learning Platform") and any other services provided by Trunity or their Affiliates from time to time in connection with the Trunity Learning Platform (the "Service"). The Terms of Service and Use apply to all Services and all uses of the Trunity Learning Platform.

To use this Service, you understand and agree to the following: (a) as part of the registration process, you must submit a valid e-mail address and select a password and user name; (b) you are responsible for maintaining the confidentiality of your member name and password, and all uses of your account -- whether or not you've authorized such use; (c) you agree to notify Trunity immediately of any unauthorized use of your account; and (d) you are at least 13 years of age. Trunity will not be held liable for any loss or damage for non-compliance. Trunity reserves the right to refuse the Service to any user.

In addition, you understand and agree that Trunity will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, Trunity in no way controls, verifies, or endorses any of the information contained on or in the Trunity Service, including links, events, messages, message boards and members' published listings. 

2. License and Use

We grant you a limited, nonexclusive, non-transferable license to access the Trunity Learning Platform and Services for your personal use only. Any commercial use, use in violation of these Terms Of Service and Use, or use for data collection and/or profit is not allowed. 
You may retrieve and display content from the Trunity Learning Platform on a computer or other device, print and copy individual pages and, subject to the next section, store such pages in electronic form on that device. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link ("Other Terms").

You must only use Trunity Services and anything available from the Learning Platform for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

You remain responsible for:

• all of your activity on and in connection with the Trunity Learning Platform and Services;
• all of the content and details that you submit into, or post onto, the Trunity Learning Platform ("Your Content"); 
• what you access on the Trunity Learning Platform, how you interpret or use the Trunity Learning Platform and Services and any actions you may take as a result of using the Trunity Learning Platform and Services.

3. Access to the Trunity Learning Platform and Services

Trunity Learning Platform and Services may only be accessed and used on a computer or other device owned or controlled by you and running the relevant operating system for which the Learning Platform and Services concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you use Learning Platform and Services.

You will be assumed to have obtained permission from the owner of any computer or other device that is controlled, but not owned, by you to Trunity Learning Platform and Services on that device. You accept responsibility, in accordance with these Terms Of Service and Use, for all access to, and use of, any Trunity Learning Platform and Services by you on any device, whether or not it is owned by you. 

You acknowledge that the mobile service provider for any mobile device to which you Trunity Learning Platform and Services may charge for Internet access on that device.

We may, from time to time, restrict access to certain features, parts or content of the Trunity Learning Platform and Services, or the entire Learning Platform, to users who have registered with us. You must ensure that any registration details you provide are accurate and you must keep those details accurate and up to date.    You agree that Trunity may, at any time and with or without prior notice, remove Licensed Content from the Service or Site if we determine, in our sole discretion, that we do not possess the appropriate or necessary rights to provide you with access to such Licensed Content. In the event Trunity elects to remove Licensed Content from the Service AND SUCH REMOVAL OCCURS WITHIN THE FIRST 12 MONTHS FOLLOWING YOUR DATE OF PURCHASE, you agree that your sole and exclusive remedy shall be a refund of all amounts previously paid by you to Trunity for the removed Licensed Content. IN THE EVENT TRUNITY ELECTS TO REMOVE LICENSED CONTENT FROM THE SERVICE AT ANY TIME AFTER 12 MONTHS FROM YOUR DATE OF PURCHASE OF SUCH LICENSED CONTENT, YOU AGREE THAT YOU SHALL NOT BE ENTITLED TO ANY REFUND FROM TRUNITY. 

If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorized use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms Of Service and Use or if any details you provide for the purposes of registering as a user prove to be false. 

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Trunity Learning Platform and Services or any services or content will respond at a certain speed (since this depends on a number of factors outside our control).   Specific service level agreements between Trunity and an institution or other business entity may be a part of another agreement, and such an SLA would not be bound by this paragraph. 

We reserve the right to withdraw or suspend the operation of any Services or the Learning Platform, with or without notice to you, if we need to do so for security or legal reasons.

3. Paid for Licensed Content

The use of paid-for Licensed Content may require you to pay a fee, the amount of which will be as set out on the Trunity Learning Platformfrom time to time, unless you have been issued with a code (for example, by an institution with whom you are studying, a publisher or retailer of a publication you have already purchased in hard copy) in which case you may redeem that code against an eligible download.
Payment for all orders must be made by credit or debit card via the checkout page. We use a reputable third party payment services provider to take payment. Payment is accepted by most major credit and debit cards. Payment is taken, in full, immediately. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. 
The relevant access will be made available immediately when payment is authorized or you enter a valid code and you acknowledge that this is the case and that, therefore, you will have no right to change your mind (sometimes known as a 'cooling off' right) once the download has started.
Where you pay to access any paid-for Licensed Content, we warrant that it will, when accessed, substantially comply with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill.

1. What You Are Not Allowed to Do

• rent, lease, loan, sell, license, or transfer access to the Trunity Learning Platform or Services to any third party or exploit the Trunity Learning Platform or Services for commercial purposes or otherwise use any information on the Trunity Learning Platform (either directly or indirectly) for profit or gain;
• copy or store any content or services from the Trunity Learning Platform (or any part thereof) other than for your own non-commercial, personal use;
• store any content or services from the Trunity Learning Platform on a server of other storage device connected to a network or create a database;
• interfere with, disrupt, alter, translate, or modify Trunity Learning Platform or Services or any part thereof, or create an undue burden on the Trunity Learning Platform or Services or the networks or services connected to the Site or Product, nor attempt to circumvent security of any servers on which the Trunity Learning Platform or Services is hosted;
• reverse engineer, decompile, disassemble, or reverse compile the Trunity Learning Platform or Services;
• introduce software or automated agents or scripts to the Trunity Learning Platform or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Trunity Learning Platform or Services;
• transmit, distribute, introduce or otherwise make available in any manner through the Trunity Learning Platform or Services any computer virus, keyloggers, spyware, worms, trojan horses, timebombs or other malicious or harmful programming; or
• use any Trunity Learning Platform or Services in a way that might damage our name or reputation or that of any of our affiliates;
• export any content or services from the Trunity Learning Platform in breach of the applicable export or import laws of any country;
• publicly display, perform, republish, or reproduce any content or services from the Trunity Learning Platform we make available for download from the Trunity Learning Platform (including without limitation by way of email, news groups, file or discussion areas, intranet or internet sire or any other means);
• tamper with, bypass or alter any security, digital rights management, or other licensing enforcement procedures relating to the Trunity Learning Platform or Services; or
• otherwise do anything not expressly permitted by these Terms of Service and Use.

All rights granted to you under these Terms of Service and Use will terminate immediately in the event that you are in breach of any of them.
To do anything with any Product that is not expressly permitted by these Terms of Service and Use, you will need a separate license from us. Please contact us, using the Contacting us details at the end of these Terms of Service and Use.

1. Intellectual Property

We license, but do not sell, to you any content or services you access. We or the content owners remain the owners of all content or services at all times. 
All intellectual property rights in any content on the Trunity Learning Platform, the Licensed Content, and trademarks, text, graphics, software, photographs and other materials, images, videos and audio) (collectively, "Content"), other than Your Content, are owned by Trunity or our licensors. Except as expressly set out herein, where necessary for viewing the Content on the Trunity Learning Platform or your browser, or as permitted by applicable law which may not be excluded or limited, nothing in these Terms of Service and Use gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by accessing the Trunity Learning Platform or any Services or any of its content. 
In the event you print off, copy or store pages from the Trunity Learning Platform (only as permitted by the "License and Use" section of these Terms of Service and Use), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.
The Software may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source license terms, including terms which allow the free distribution and modification of the relevant software's source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, "Open Source Software"). Please note that, to the extent that any Software contains any Open Source Software, that element only is licensed to you under the relevant license terms of the applicable third party licensor ("Open Source License Terms") and not under these Terms of Service and Use, and you accept and agree to be bound by such Open Source License Terms. A copy of the source code for any Open Source Software contained in any Software and the relevant Open Source License Terms will be made available to you upon request. 

1. Content

We may change the format and Content of the Trunity Learning Platform from time to time without notice. We reserve the right to change the design, features and/or functionality of any Content or Service by making the updated Content or Service available for you to access or, where you device settings permit it, by automatic delivery of updates. You are not obliged to access any updated Content or Service, but we may cease to provide and/or update content to prior versions of any Content or Service and, depending on the nature of the update, in some circumstances you may not be able to continue using a Content or Service until you have updated to the latest version. 
Since electronic services are subject to interruption and breakdown, you agree that your use of the Trunity Learning Platform is on an 'as is' and 'as available' basis and at your sole risk. You also agree that accessing and use of any Content or Service that is made available free of charge are on an 'as is' and 'as available' basis and at your sole risk. 
We may, but are not obliged to, make updates available to any Content or Service and we may cease to make such updates available at any time, with or without notice to you.
Whilst we try to make sure that all Content and other information contained on the Trunity Learning Platform of which we are the source is correct, the Content is provided for convenience only and is not intended to amount to authority or advice on which reliance should be placed. You acknowledge that Trunity Learning Platform may make content available which is derived from a number of sources, for which we are not responsible. Parts of the Trunity Learning Platform or Service may not be correct, accurate, reliable, complete or up to date from time to time. You should check with us or the relevant information source and make any other appropriate enquiries before acting on any such information, and notify us if you notice any inaccurate, incomplete or out of date Content on the Trunity Learning Platform or Service. 
We cannot and do not guarantee that any content the Trunity Learning Platform or Service and its content will be free from viruses or other code that may have contaminating or destructive elements, or that access to the Trunity Learning Platform or Service will function as intended or be uninterrupted. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security protections) to satisfy your particular requirements as to the safety and reliability of the Trunity Learning Platform or Service. 

1. Products and Services for Purchase

Trunity makes available Products and Services for purchase by you through the Learning Platform. Prices are displayed with the applicable Product or Service. Prices and availability of all Products and Services are subject to change at any time without notice before we accept your order. Prices may or may not be inclusive of applicable sales, use, or other taxes; however, such taxes shall be identified, calculated and collected at the point of sale. A confirmation email will be provided after the checkout for each order. We are not responsible for any interruption to or failure in any communication or process, howsoever caused, which results in an order, or in any payment or payment details not being received or processed by us. A payment will be regarded as received when we are able to credit or transfer the amount required into our designated bank account. Purchased Products and Services are subject to these Terms of Service and Use. 
You must be 18 years of age or older to purchaes any product from the Learning Platform. While individuals under the age of 18 may use any product, they may do so only with the involvement, supervision, and approval of their parent or legal guardian. 
 
 
 

1. Registration

In order to use some of the Services on the Trunity Learning Platform you will have to register with Trunity as a Member. As part of the registration process, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign-up shall be referred to as registration data ("Registration Data"). Trunity reserves the right to delete accounts created by users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual. You may not register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity.

1. Eligibility

Please be aware that certain aspects of the service may be restricted by law to thirteen (13) years of age or older. You must be thirteen (13) years of age or older to access such areas of the service if restricted by law. 
Please be aware that Trunity may create certain clearly-labeled areas of the Service that is restricted to eighteen (18) years of age or older. You must be eighteen (18) years of age or older to access and view such areas. Trunity reserves the right to cancel the account of any user under the age of eighteen (18) that attempts to access the restricted areas.
Membership in Trunity is void where prohibited by law.

1. Term and Termination

This Agreement will remain in full force and effect as long as you use the Trunity Service and Trunity Learning Platform and/or are a Member. You may cancel your Trunity membership at any time by contacting us via our CONTACT link located at the bottom of any page on the Trunity Learning Platform. Once we process your request, we will remove your account from our database. Trunity may terminate your membership (1) automatically without notice upon any violation or alleged violation of this Agreement or Trunity's Privacy Policy at Trunity's sole discretion; (2) for any reason, at any time without notice to Member, including, upon Trunity blocking Member's access to the Trunity Learning Platform or Service, discontinuance of Member's account, or notification to Member at the e-mail address provided in Member's registration. Upon any termination by Trunity, Member shall discontinue all efforts to access the Trunity or the Services.

1. Content Posted by Members on the Trunity Learning Platform

You are solely responsible for the content that you publish or display (hereinafter "Post") on the Trunity Learning Platform, or transmit to other Trunity Members, including but not limited to photos, profiles, messages, notes, text, information, music, and videos ("Member Content").
You represent, warrant and agree that no materials of any kind submitted by you or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material, or violate any other laws or regulations.
You understand and agree that Trunity may, but is not obligated to, review and delete any Member Content that, in the sole judgment of Trunity, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Trunity, Trunity's Members or users, or the public, without notice. Trunity assumes no responsibility for monitoring the content posted on the Trunity Learning Platform by Members or the conduct of its Members.
Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
The following is a partial list of the kind of Content that is illegal or prohibited on the Trunity Learning Platform. Trunity reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Trunity Learning Platform and terminating the membership of such violators and reporting you to law enforcement authorities. It includes Content that:

• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• displays pornographic or sexually explicit material of any kind;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses or would otherwise create liability or violate any local, state, national or international laws;
• solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes; and solicits people you don't know to add you or accept you as a contact on Trunity;
• impersonates any person or entity, or falsely states or otherwise misrepresents yourself, your age, or your affiliate with any person or entity;
• contains the private information of any third party including without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
• 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;
• contains in the sole judgment of Trunity, matter that is objectionable or which restricts or inhibits any other person from using or enjoying the Trunity Learning Platform or which may expose Trunity or its Members or users to any harm or liability of any type.

Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items from other Members or Member Content. Trunity is not responsible for the content that Members submit and you hereby waive any legal or equitable rights or remedies you may have against Trunity related to such exposure.
You must use the Service in a manner consistent with any and all applicable laws and regulations.
You may not engage in advertising to, or solicitation of, other Members to buy or sell any commercial products or commercial services through the Service. You may not engage in advertising to, or solicitation of other members to buy or sell any personal products or services. You may not transmit any chain letters or junk e-mail to other Members.
Although Trunity cannot monitor the conduct of its Members off the Trunity Learning Platform, it is also a violation of these rules to use any information obtained from the Trunity Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Trunity reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which Trunity deems appropriate in its sole discretion.
We reserve the right to limit the number of times and/or the frequency with which any video or music file hosted on the Trunity Learning Platform can be downloaded and played.

1. Copyright Policy

If you believe that any Member Content or other material on the Trunity Learning Platform infringes upon any copyright that you own or control, you may submit a notification to Trunity pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Designated Copyright Agent with the following information in writing: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Trunity Learning Platform; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

1. Termination of Repeat Infringers

Trunity, in appropriate circumstances and at Trunity's sole discretion, will terminate Members who are deemed to be repeat infringers. Trunity may also at its sole discretion limit access to the Trunity Learning Platform and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

1. Member Disputes

You are solely responsible for your interactions with other Trunity Members or third parties. Trunity reserves the right, but has no obligation, to monitor disputes between you and other Members or third parties.

1. Links to Third Party Sites

Any links included within the Trunity Learning Platform that take users out of the Trunity Learning Platform are not owned by or under the control of Trunity and Trunity assumes no responsibility for the content, privacy policies or practices of any third party site. Use of such third party sites shall be at your own risk and is subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights.

1. Transactions with Organizations or Individuals

Trunity shall not be liable for your interactions with any organizations and/or individuals found on or through the Trunity Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Trunity is not responsible for any damage or loss incurred as a result of any such dealings. Trunity is under no obligation to become involved in disputes between participants on the Trunity Learning Platform, or between participants on the Trunity Learning Platform and any third party. In the event of a dispute, you release Trunity, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.

1. Privacy Policy

Use of the Trunity Learning Platform and/or the Service is also governed by our Privacy Policy. By using the Trunity Learning Platform or the Service, you agree to the terms of this Privacy Policy.

1. Disclaimers

Trunity is not responsible or liable in any manner for any Member Content posted on the Learning Platform or in connection with the Trunity Service, whether caused by users of the Learning Platform, Members or by any of the equipment or programming associated with or utilized in the Service. Although Trunity provides rules for Member conduct and postings, we do not control and are not responsible for what Members post on the Trunity Learning Platform and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service, the Trunity Learning Platform or in connection with any Member Content. Trunity is not responsible for the conduct, whether online or offline, of any user of the Trunity Learning Platform or Member of the Service. Trunity assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. Trunity is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Trunity be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Trunity Learning Platform or the Service, any content posted on the Trunity Learning Platform, including Member Content, or transmitted to Members, or any interactions between users of the Trunity Learning Platform, whether online or offline. THE TRUNITY LEARNING PLATFORM AND THE SERVICE ARE PROVIDED "AS IS" AND TRUNITY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRUNITY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE TRUNITY LEARNING PLATFORM AND/OR THE SERVICE. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Trunity or through or from the Service shall create any warranty not expressly stated herein.

1. Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL TRUNITY OR ANY OF ITS CORPORATE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS AND LOST DATA ARISING FROM YOUR USE OF THE TRUNITY LEARNING PLATFORM OR THE TRUNITY SERVICE OR ANY CONTENT OR OTHER MATERIALS ACCESSED THROUGH THE TRUNITY LEARNING PLATFORM, EVEN IF TRUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TRUNITY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TRUNITY FOR SERVICES.

1. Disputes

If there is any dispute about or involving this Agreement, the Trunity Learning Platform and/or the Service between you and Trunity, you agree that the dispute will be governed by the laws of the State of Delaware without regard to its conflict of law rules. You agree to the exclusive jurisdiction and venue of the Delaware state courts and the Federal Courts in Delaware.

1. Indemnity

You agree to defend, indemnify and hold harmless Trunity, its corporate parents and subsidiaries, officers, directors, employees and agents with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with any Member Content, your use of the Trunity Service or Trunity Learning Platform, your conduct in connection with the Services or Trunity Learning Platform or with other users or Members of the Services or the Trunity Learning Platform, or any breach of this Agreement. Notwithstanding the foregoing, Trunity retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Trunity herein under the terms and provisions of this Section and in no event shall you settle any such claim without Trunity's prior written approval.

1. General Practices Regarding Use and Storage

You acknowledge that Trunity may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Trunity's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Trunity has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Trunity reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Trunity reserves the right to modify these general practices and limits from time to time.

1. Preservation of Materials

You acknowledge and agree that Trunity may preserve any materials submitted or posted by you (including e-mails, profiles, postings or other content) and may disclose such material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any material violates the rights of third parties; or (4) in our sole judgment, protect the rights, property, or personal safety of Trunity, its Members, employees or the public.

1. No Agency

The terms and provisions of this Agreement shall not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Trunity and any User of the Service. A Member may not bind or obligate Trunity without Trunity's prior written consent.

1. Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet 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.

1. Miscellaneous

This Agreement contains the entire agreement between you and Trunity regarding the use of the Trunity Learning Platform and/or the Service. The failure of Trunity to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Trunity without restriction.

1. Subscription Services

Subscription Services
Some features of, or services provided through, the Trunity Learning Platform require a fee-based subscription (all fee-based features and/or services are referred to herein as "Subscription Services"). By purchasing Subscription Services, you agree that your subscription is personal to you and that you will not transfer or make available your account name and password to others, including without limitation your friends, co-workers and other contacts. Any distribution of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. From time to time, Subscription Services may change without notice.
Payment
Prices for Subscription Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that Trunity may accept from time to time), the applicable fees and taxes (if any) set forth on the Trunity Learning Platform. Trunity reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Trunity for any reason, Trunity reserves the right to either suspend or terminate your access to Subscription Services.
Refund Policy
Payment for Subscription Services is non-refundable. However, if you are unable to access paid-for content or services within a reasonable time after payment due to technical problems on our end, we’re happy to help you troubleshoot the problem and may, at our discretion, provide you with a refund – please contact us at [email protected].
Automatic Renewal Program
If you have purchased Subscription Services that includes an automatic renewal program, you authorize Trunity to automatically renew your Subscription Services at the end of your then-current subscription. This is to ensure continuous service. You further authorize Trunity to charge the credit card on file for your account at the then-current subscription rate unless you provide Trunity with prior notice that you are canceling your subscription before the renewal date. Please note that even if you provide notice, charges applied before Trunity can reasonably act are non-refundable.
Cancellation/Termination of Subscription Services
You may cancel Subscription Services at any time by contacting Trunity customer service. Trunity will attempt to process all cancellation requests within 72 hours. Please contact Trunity customer service to cancel your automatic renewal, cancel your subscription, and/or change your payment method. In addition, Trunity reserves the right to terminate your Subscription Services if Trunity determines, in its sole discretion, that you are not complying with the Terms of Service. Any such cancellation or termination is subject to the no-refund policy as described above.
Please contact us with any questions regarding this Agreement.
Trunity is a trademark of Trunity, Inc.