Last Modified: July 14, 2020
YOUR ACCESS AND USE OF THE SERVICES AND YOUR ACCOUNT(S)
Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that TRA, in its sole discretion, may elect to take. TRA reserves the right to suspend or discontinue the availability of the Services and/or any portion or feature of the Services at any time in its sole discretion and without prior notice.
You Must Maintain the Security of Any Password Issued to You. Access to the Services may be account-based. To access and/or use the Services you may be required to register an account and create a password or log in to an account created for you. In either case, a password may be required for the Services, and it is your sole responsibility to maintain the security of that password and to immediately change the password if it was provided to you by a third-party. You agree that TRA shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password or account by a third party.
You Must Notify TRA of a Breach. You agree to immediately notify TRA of any unauthorized use of your password, any unauthorized use of any account that you may have with TRA, any violation of this Agreement, or any other breach of security known to you in connection with the Services, by sending an email to: firstname.lastname@example.org.
FINANCIAL TRANSACTIONS AND ACCOUNTS
YOUR RESPONSIBILITY FOR EQUIPMENT AND DATA COSTS
You are responsible for obtaining and maintaining all communication hardware, computers, internet access services and other equipment or services needed to access and use the Services, and all costs and fees associated with internet access, or long distance charges incurred with regard to your access and use of the Services. If you are accessing the Services via a personal or mobile device, you acknowledge that you are solely responsible for obtaining said device, and any rates and fees charged by your mobile carrier (or other service provider) for cellular service, data and any other costs related to the Services. TRA shall not be liable for any overage charges associated with any data plan you use to access the Services.
NO REPRESENTATION AS TO SUITABILITY; NO INVESTMENT ADVICE
Nothing on the Services (including the results of any online retirement calculators) should be construed as rendering tax, legal, investment, or accounting advice. The posting of any content on the Services (including the results of any online calculators) is solely for convenience and informational purposes and should not be interpreted as a recommendation or opinion that you should make any purchase or participate in any transaction. We make no representation as to the financial investment or suitability of any product or service described on the Services for any user. All such information is general in nature and does not consider your personal or business financial situation, nor constitute an endorsement or recommendation of any service or the suitability of it for you. In order to evaluate whether a particular product or service is suitable for your financial needs, you should contact a qualified financial professional.
INTELLECTUAL PROPERTY RIGHTS
The Services and their entire contents, features, and functionality including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof are owned by TRA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such material in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not: (i) modify copies of any materials from the Services; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (iii) delete or alter any copy right, trademark, or other proprietary rights notices from copies of materials from the Services. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.
If you wish to make any use of material on the Services other than that set out in this section, please address your request to email@example.com.
TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS, AND TAGLINES
All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are property of TRA or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of TRA, or such third party that may own the trademark, service mark, logo, slogan or tagline.
TRA is always interested in hearing from you regarding our products and services, or questions or comments about our Services. However, unless we directly ask you for a submission in some form, please do not submit to us ideas, notes, drawings, concepts or other information (collectively, “Submissions”).
When you submit either solicited or unsolicited Submissions, you grant TRA a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
You shall not attempt to disrupt the operation of the Services in any manner, including, through the use of methods such as denial of service attacks, flooding or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or any other malicious or harmful code. You shall not use the Services in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Services. Furthermore, you shall not impersonate or attempt to impersonate TRA, a TRA employee, another user, or any other person or entity or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm TRA or the users of the Services or expose them to liability.
COOPERATION WITH LAW ENFORCEMENT
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any posting materials on or through the Services. YOU WAIVE AND HOLD HARMLESS TRA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER TRA OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
LINKS TO THIRD PARTY WEBSERVICES
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. to the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the SERVICES or any services or items obtained through the Services or to your downloading of any material posted on it, or any siteS linked to it. TRA does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any advice, SUBMISSIONS, ideas, information, instructions or guidelines accessed through the Services.
the information and services offered on or through the Services and any referenced third party sites are provided “as Is” and without warranties of any kind, either express or implied. this includes any services providers included on the Services. any third service providers are supplied as a convenience to the user, and the listing of such does not constitute sponsorship, affiliation, partnership, or endorsement. owner disclaims all expressed and implied warranties to the fullest extent of the law, including but not limited to, implied warranty of mechantability, fitness for a particular purpose, title, and non-infringement.
TRA does not warrant or make any representations regarding the use or the results of the use of the Services, and content or images submitted or posted on the SERVICES in terms of its ownership, validity, correctness, accuracy, timeliness, reliability or otherwise, including content and images posted by users of the Services.
the foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
LIMITATION OF LIABILITY
to the maximum extent permitted by law, in no event shall TRA or its directors, officers, employees or agents be liable to you for special, incidental, punitive or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages, arising out of or in connection with your use of the Services or any other materials or services provided to you by TRA. IN NO EVENT SHALL TRA, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR DIRECT DAMAGES COLLECTIVELY IN AN AGGREGATE AMOUNT EXCEEDING ONE HUNDRED DOLLARS (us $100). thE FOREGOING limitationS shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. the foregoing DOES not affect any liability that cannot be excluded or limited under applicable law.
GOVERNING LAW AND JURISDICTION
WAIVER AND SEVERABILITY
COPYRIGHT INFRINGEMENT CLAIMS
TRA respects the intellectual property rights of others. It is TRA’s policy to comply with the Digital Millennium Copyright Act (DMCA), title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.
When reporting infringing material to TRA (“DMCA Notice”) please provide:(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing 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 TRA to locate the material; (d) information reasonably sufficient to permit TRA to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), TRA’s designated agent to receive notices and counter notices of claimed infringement is
Attention: DMCA Notice
Attn: Communications and Marketing Director
600 S Nicolet Rd
Appleton, WI 54914
Phone number of designated agent: 888.872.2364
Email address of designated agent: firstname.lastname@example.org
If you wish report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although TRA reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any or user of the Services, we are not obligated to do so except in accordance with the Digital Millennium Copyright Act. We also reserve the right to suspend or delete the account of any repeat offender.