Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services or products. If these terms and conditions are considered an offer by TL Media, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Access and Use
Should you choose to share the Content, you agree and understand that you will provide the Website credit, and will not hold the Content to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from the Content.
If you purchase downloadable Content or access free downloadable Content from the Site, your access and use to such material is limited to personal, non-exclusive, non-commercial, non-assignable, non-transferrable use only.
Online Purchases (Products)
All products for sale on the Website are in the form of digital downloads.
Digital products are available for download in a secure members-only site and/or membership site separate to the Website. Upon successful purchase via the credit card processing company, TL Media delivers login credentials via email so you may access your downloadable material.
The members-only site is designed to track IP address usage and will accommodate login from one household (home and office are OK). It will automatically lock your account if it detects more than 5 IP addresses.
You may need the Adobe Reader® software or Adobe Reader® mobile app in order to access the PDFs. The files are also readable in iBooks. Directions on how to access digital downloads are available inside the members-only site.
All products listed on the Website and their descriptions, including pricing, are subject to change. TL Media reserves the right to modify, suspend or discontinue the sale of any product at any time with or without notice.
You agree to pay the price applicable for each product as of the date and time you submitted your order on the Website. TL Media accepts Visa, Mastercard, Discover and American Express credit card payments or payments made through PayPal.
Online Purchases (Services)
All services purchased through the Website will be bound to the terms set forth in any contract that is agreed upon between and executed by customer and TL Media.
TL Media owns all content on the Website, unless otherwise indicated. The content is considered intellectual property created and owned by TL Media, which is protected under Federal Intellectual Property Laws, which prevents unauthorized use of the materials. These materials include, but are not limited to: trademarked and copyrighted material, content, blog posts, program and product names, products, services, photographs, illustrations, logos, images, designs, graphics, files, information, instructions, downloadable publications, videos, advertising copy, website layout and website “look and feel,” design, functions and software (collectively, “Content”), any and all derivative works or enhancements of the Content, the compilation, assembly and arrangement of the copyrightable material on the Site, and all intellectual property rights to the Content, including derivative works, enhancements, compilations, assembly and arrangements of the same, unless otherwise expressly stated on the Website. By accessing or using the Website and/or Content, you do not acquire any right, title or interest in the Website or the Content.
You understand and acknowledge you will be in violation of these Intellectual Property laws should you copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property on the Website, without our express written consent. If such behavior is discovered or suspected, TL Media reserves the right to immediately revoke your access to the Website, as well as any program, products, or materials you may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
Copyright Infringement and DMCA Policy
As TL Media asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Site violates your copyright, you are encouraged to notify TL Media in accordance with TL Media’s Digital Millennium Copyright Act (“DMCA”) Policy. TL Media will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. TL Media will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of TL Media or others. In the case of such termination, TL Media will have no obligation to provide a refund of any amounts previously paid to TL Media.
You agree to indemnify and hold harmless TL Media, and its officers, directors, employees, contractors, parents, partners, successors, agents and affiliates from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Limitation of Liability
Disclaimer of Warranty
You also understand and agree that TL Media and the Website make no warranties, express or implied, and hereby renounce any such warranties, guarantees, or representations with respect to any portion of the Website, the content herein, content distributed through email lists, social media, via webinars, or that which is made available through purchase via the members-only site, or membership site. By use of this Website, members-only site or membership site, all users agree and understand that use of content and information found herein is to be used at his/her own risk, with no guarantees, representations, or warranties regarding fitness for particular purpose, accuracy, or otherwise. You agree that you are solely responsible for any damage to your computer system or loss of data that may result from accessing, using or downloading any material or product from TL Media or the Website. TL Media does not guarantee the security of any information transmitted to or from the Website, members-only site, or membership site, or that your use or access to the Website, its content, or TL Media’s products will be error-free or virus free. These disclaimers of warranty shall apply to the fullest extent permitted by law. In some jurisdictions, these limitations of warranties are not permitted and may not apply to you.
Release of Claims
You also agree that under no circumstances will TL Media, and its officers, directors, employees, contractors, parents, partners, successors, agents and affiliates, be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on the Website or any information or Content found on the Website, and you hereby release TL Media from any and all claims whether known now or discovered in the future.
TL Media reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TL Media may also, in the future, offer new services, products and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Choice of Law, Jurisdiction, Venue & Dispute Resolution
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Beaverton, Oregon, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
Updated August 2017