ACCEPTANCE OF TERMS
PRIVACY STATEMENT AND PERSONAL INFORMATION
USE OF THE PRODUCT
In consideration of your order of, access to, and/or use of any Products, Services, Sites, and/or Content you agree to provide true, accurate, complete and current information about yourself when prompted to do so by a registration or requested to do so by Tropolis Group LLC dba IT Tropolis . By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if Tropolis Group LLC dba IT Tropolis has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Tropolis Group LLC dba IT Tropolis , at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Products, Services, Sites, and/or Content, and refuse all current or future orders of, use of, and/or access to, any Products, Services, Sites, and/or Content, or suspend or terminate any portion thereof. Further, you agree that Tropolis Group LLC dba IT Tropolis will not be liable to you, your minor children or any third party if Tropolis Group LLC dba IT Tropolis suspends or terminates your order of, use of, or access to any Products, Services, Sites, and/or Content, or any portion thereof, for any reason.
LICENSE GRANT AND RESTRICTIONS
You grant Tropolis Group LLC dba IT Tropolis a license to use the materials you post to the Sites. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Sites, you are granting Tropolis Group LLC dba IT Tropolis , its affiliates, officers, directors, employees, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Tropolis Group LLC dba IT Tropolis , its affiliates, officers, directors, employees, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Tropolis Group LLC dba IT Tropolis may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
HELP AND SUPPORT
THIRD PARTY WEBSITES
The software and services may contain or reference links to websites operated by third parties (“Third Party Websites”). These links are provided as a convenience only. Such Third Party Websites are not under the control of Tropolis Group LLC dba IT Tropolis . Tropolis Group LLC dba IT Tropolis is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Tropolis Group LLC dba IT Tropolis does not review, approve, monitor endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the software or services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Tropolis Group LLC dba IT Tropolis of any information contained in any Third Party Website. In no event will Tropolis Group LLC dba IT Tropolis be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party Websites may contain terms and privacy policies that are different from those of Tropolis Group LLC dba IT Tropolis. Tropolis Group LLC dba IT Tropolis is not responsible for such provisions, and expressly disclaim any liability for them.
PAYMENT & COLLECTION
In the event you owe Tropolis Group LLC dba IT Tropolis any amounts related to your licensing of the product and/or services rendered, Tropolis Group LLC dba IT Tropolis reserves the right to seek collection of any amount unpaid.
USER ID AND PASSWORD SECURITY
When you use or access the Sites or Products, you may also be asked to provide a user name and password. You are the only person authorized to use your user ID and password. You are entirely responsible for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to Tropolis Group LLC dba IT Tropolis ‘s authorized technical support personnel to assist you. You are responsible for the use of the Product under your user ID. You agree to notify Tropolis Group LLC dba IT Tropolis immediately on any unauthorized use of your account, user name, or password. Tropolis Group LLC dba IT Tropolis shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Tropolis Group LLC dba IT Tropolis , its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. Tropolis Group LLC dba IT Tropolis will not disclose your password if you lose or forget it. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.
YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU (OR ANY OF YOUR MINOR CHILDREN) AND TROPOLIS GROUP LLC DBA IT TROPOLIS, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. THE PARTIES SHALL SPLIT THE FEE FOR ARBITRATION. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF.
MODIFICATION OF PRODUCT Tropolis Group LLC dba IT Tropolis may, at its discretion, modify or discontinue any of the Product, Services, Sites or Content, or any portion thereof, with or without notice. You agree that Tropolis Group LLC dba IT Tropolis will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Product, Services, Sites or Content.
NOTICE OF PROSECUTION
For online customers, access to and use of password protected and/or secure areas of the Sites are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution.
You must have an email address and a Java-compatible browser to receive your Product or Service online. As an online customer, you agree that Tropolis Group LLC dba IT Tropolis may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our Sites. You Consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Product, Services or Sites. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
NO WARRANTY BY TROPOLIS GROUP LLC DBA IT TROPOLIS
You expressly understand and agree that your use of the Product, Services, Sites and Content is at your sole risk. All Product, Services, Sites and Content are provided on an “as is” or “as available” basis. Tropolis Group LLC dba IT Tropolis and its suppliers expressly disclaim all warranties, guarantees and conditions of any kind whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or noninfringement. The information contained in the Product, Services, Sites, Content or other materials you may receive from Tropolis Group LLC dba IT Tropolis do not constitute legal, tax, accounting or other professional advice. Tropolis Group LLC dba IT Tropolis makes no warranty that (i) the Product and Content are accurate, timely, uninterrupted or error-free; and (ii) any results that may be obtained from the use of the product or content will be reliable.
LIMITATION OF LIABILITY
You understand and agree that Tropolis Group LLC dba IT Tropolis will not be liable to you (or any of your minor children) for any direct, indirect, incidental, special, consequential or exemplary damages resulting from or in any way connected to your access to, use, or inability to use the product, services, sites, content or membership benefits, or from your access to, use of, inability to use, or reliance upon any linked web site (if applicable), even if Tropolis Group LLC dba IT Tropolis has been advised of the possibility of those damages. Some jurisdictions either do not allow or place restrictions upon the exclusion or limitation of damages in certain types of agreements; for these jurisdictions, the aforementioned limitation on liability shall be to the maximum degree permitted by applicable law. If, notwithstanding the above, liability is imposed upon Tropolis Group LLC dba IT Tropolis , then you agree that Tropolis Group LLC dba IT Tropolis’ total liability to you (and any of your minor children) for any or all of your losses or injuries (or those of your minor children) from Tropolis Group LLC dba IT Tropolis’ acts or omissions, regardless of the nature of the legal or equitable claim, shall not exceed the amount paid by you to Tropolis Group LLC dba IT Tropolis for the product(s) and service(s) you purchase from Tropolis Group LLC dba IT Tropolis.
You acknowledge and agree that Tropolis Group LLC dba IT Tropolis and the Sites’ names, logos, page headers and other terms, phrases, graphics, and icons are common law or registered trademarks, service marks, and/or trade dress of Tropolis Group LLC dba IT Tropolis (collectively “Marks”). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. Tropolis Group LLC dba IT Tropolis’ Marks may not be used in connection with any product or service that is not Tropolis Group LLC dba IT Tropolis’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Tropolis Group LLC dba IT Tropolis . All other trademarks, product names, or logos not owned by Tropolis Group LLC dba IT Tropolis that appear on the sites are the property of their respective owners.
Tropolis Group LLC dba IT Tropolis has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Product. All Content included on the Sites, such as text, graphics, logos, button items, icons, images, data compilation, is the property of Tropolis Group LLC dba IT Tropolis or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of Tropolis Group LLC dba IT Tropolis or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent. Tropolis Group LLC dba IT Tropolis has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of Tropolis Group LLC dba IT Tropolis or of a third party, or otherwise violated any Intellectual property laws or regulations. Tropolis Group LLC dba IT Tropolis ‘s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Tropolis Group LLC dba IT Tropolis to delete, edit, or disable the material in question, you must provide Tropolis Group LLC dba IT Tropolis with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and Information reasonably sufficient to permit Tropolis Group LLC dba IT Tropolis to locate the material; (d) information reasonably sufficient to permit Tropolis Group LLC dba IT Tropolis to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement 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; and (f) a statement that the Information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that Is allegedly infringed. For this notification to be effective, you must provide it to Tropolis Group LLC dba IT Tropolis’ designated agent at: (800) 932-0271.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Product, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Product and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
You shall not make the following types of content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Tropolis Group LLC dba IT Tropolis reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Product, and, if applicable, to delete any such material from its servers.
Products and services provided by Tropolis Group LLC dba IT Tropolis are non refundable. Once software access has been purchased online or services have been provided online it is presumed to have been used and refunds will not be provided. Your satisfaction is our primary goal so please direct any questions prior to purchasing to firstname.lastname@example.org . Your billing statement will show a charge from Tropolis Group LLC for the product. Tropolis Group LLC dba IT Tropolis corporate address is 9170 Blackbird Avenue, Fountain Valley, CA 92708. The toll-free phone number is (800) 932-0271.
CALIFORNIA USE ONLY
The Sites are controlled and operated by Tropolis Group LLC dba IT Tropolis from its offices in the State of California. Your use of or access to the Sites should not be construed as Tropolis Group LLC dba IT Tropolis ‘s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.