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Terms of Use & Privacy Policy



Term and Conditions Last updated on March 16, 2014 Terms and Conditions 1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF TERMS OF USE Tom Rose School, LLC. (“Tom Rose,” “we,” or “us”) provides information and material for entertainment purposes only which include but not limited to shows, video clips, audio clips, live instruction, and other content (collectively, the “Content”). Offers entertainment for men and women in the form of information and materials on the subject of dog training and personal improvement, as well as all past, current, and future products and services related to dog training and personal improvement. All content, product, and services are not to be considered as legal or professional advice, and are to be used for personal entertainment purposes only. Our video service, the Content, our player for viewing the Content (the “Video Player”) and any other features, tools, applications, materials, or other services offered from time to time by Tom Rose in connection with its business, however accessed, are referred to collectively as the “Tom Rose School Services”. The Content is available for permissible viewing on or through the following (collectively, the “Properties”): i. website (the “Tom Rose School Site”); ii. Tom Rose’s affiliate and distributor websites; iii. other websites where users or website operators are permitted to embed the Video Player; and iv. Tom Rose authorized applications, features or devices. Use of the Tom Rose School Services (including access to the Content) on the Properties is subject to compliance with these Terms of Use (“Terms of Use” or “Terms”) and any end user license agreement that might accompany a Tom Rose School application, feature or device. Certain Tom Rose School Services are provided to you free-of-charge. There are some other Tom Rose School Services that, if you are interested in accessing, will require payment by you. There is certain information in these Terms that relate only to Dog Training from A-Z and those specific provisions are set forth in Section 4 below. Accordingly, if you choose to subscribe to Dog Training from A-Z, then please familiarize yourself with Section 4, in addition to all of the other provisions in these Terms (please note that references to “Tom Rose School” throughout this Terms of Use are intended to include Dog Training from A-Z). If you are not a subscriber of Dog Training from A-Z, then Section 4 does not apply to you. It is our pleasure to provide the Tom Rose School Services for your personal enjoyment and entertainment in accordance with these Terms of Use. To access and enjoy the Tom Rose School Services, you must agree to, and follow, the terms and conditions set forth in these Terms of Use. By visiting the Tom Rose School Site or using any of the Tom Rose School Services (including accessing any Content) you are agreeing to these Terms. Please take a moment to carefully read through these Terms. If you have any questions or comments about these Terms, please contact us at: 2. CHANGES TO THE TERMS OF USE BY TOM ROSE SCHOOL Tom Rose School may amend, change, update, and/or revise these Terms of Use at any time without notice at our sole discretion on the Tom Rose School Site at!terms-of-use/c1qy9. We will not send out any notice of changes to our terms, please check back often to review any changes to our terms and conditions. 3. ACCESS AND USE OF THE TOM ROSE SCHOOL SERVICES Age Limitations. If you are under the age of 18, then you are not permitted to register with Tom Rose School or use any feature or other part of the Tom Rose School Services that requires registration. In order to subscribe to Dog Training from A-Z, you must be at least 18 years of age. You represent that you are at least 18 years of age if you are registering an account, and, if you are a Tom Rose School user, that you are at least 18 years of age. Your License. Tom Rose School is pleased to grant you a non-exclusive limited license to use the Tom Rose School Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms. The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Tom Rose School in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Tom Rose School in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Tom Rose School. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Tom Rose School in writing. This prohibition applies even if you intend to give away the derivative materials free of charge. The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality. Ownership. You agree that Tom Rose School owns and retains all rights to the Tom Rose School Services. You further agree that the Content you access and view as part of the Tom Rose School Services is owned or controlled by Tom Rose School and Tom Rose School’s licensors. The Tom Rose School Services and the Content are protected by copyright, trademark, and other intellectual property laws. Your Responsibilities. In order for us to keep the Tom Rose School Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the Tom Rose School Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the Tom Rose School Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the Tom Rose School Site or use the Tom Rose School Services in a way that: • violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights; • uses technology or other means to access, index, frame or link to the Tom Rose School Services (including the Content) that is not authorized by Tom Rose School (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Tom Rose School Services); • involves accessing the Tom Rose School Services (including the Content)through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Tom Rose School Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content); • introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; • damages, disables, overburdens, impairs, or gains unauthorized access to the Tom Rose School Services, including Tom Rose School’s servers, computer network, or user accounts; • removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Tom Rose School Services (including the Content); • uses the Tom Rose School Services to advertise or promote services that are not expressly approved in advance in writing by Tom Rose School; • collects personally identifiable information in violation of Tom Rose School’s Privacy Policy; • encourages conduct that would constitute a criminal offense or give rise to civil liability; • violates these Terms or any guidelines or policies posted by Tom Rose School; • interferes with any other party’s use and enjoyment of the Tom Rose School Services; or • attempts to do any of the foregoing. If Tom Rose School determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Tom Rose School Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Tom Rose School Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use. No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Tom Rose School Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Tom Rose School Services, you acknowledge that you will have caused substantial harm to Tom Rose School and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Tom Rose School $50 for each such unsolicited communication you send through the Tom Rose School Services. Downloads. In order to participate in certain Tom Rose School Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms. Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Tom Rose School Services (including the Content and the devices through which the Tom Rose School Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Tom Rose School may do so in Tom Rose School’s sole discretion. You also agree that Tom Rose School will not be liable to you for any modification, suspension, or discontinuance of the Tom Rose School Services, although if you are a Dog Training from A-Z subscriber and Tom Rose School suspends or discontinues the Dog Training from A-Z service, Tom Rose School may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if Tom Rose School terminates your account or suspends or discontinues your access to Tom Rose School Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration. Internet Access Charges. You are responsible for any costs you incur to access the internet. 4. Dog Training from A-Z Subscriptions and Billing Some services involves charging a fee to the users in order to view Content that Tom Rose School would not otherwise be able to make available without charging a fee. As part of that, access to the Content in Dog Training from A-Z requires payment by you of a subscription fee. You agree that your Dog Training from A-Z account is for individual use only and your Dog Training from A-Z account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties. Because the Tom Rose School Service is offered in multiple time zones, for consistency, a “day” for purposes of these Terms of Use begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day. Billing. By signing up for your Project Go subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of Dog Training from A-Z to the credit card or other payment method accepted by Tom Rose School (“Payment Method”) that you provided during registration. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each monthly renewal thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each month may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If Tom Rose School changes the subscription fee or other charges for Dog Training from A-Z from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes. All fees and charges are nonrefundable except in connection with your early cancellation of the account as further described in “Ongoing Subscription” below. Very rarely, if there are special circumstances where Tom Rose School determines it is appropriate, we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at Tom Rose School’s sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances. Ongoing Subscription and Cancellation. Your Dog Training from A-Z subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each month in order to avoid the next month’s billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, you will not receive a refund for that month the subscription has billed and your access to Dog Training from A-Z will cease for the remainder of that month, and you will not receive a refund prorated for the number of days remaining in the month during which you cancelled. Unpaid Amounts. In order to sustain the Dog Training from A-Z service, it is important that each user of the Dog Training from A-Z service honor the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with Dog Training from A-Z. You will remain liable to Tom Rose School for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. Free Trials. On occasion, we may be authorized to offer the use of Dog Training from A-Z through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers. Once your free trial period ends, we will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer. It is very important to understand that you will not receive a notice from Tom Rose School that your free trial subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel Dog Training from A-Z prior to midnight Eastern Time on the last day of your free trial period. You can cancel your account by logging into your payment method account (i.e. PayPal) and canceling your subscription. We will continue to bill your Payment Method on a monthly basis for your subscription plan until you cancel or the account or service is otherwise suspended or discontinued pursuant to these Terms. You may cancel your subscription at anytime. To the extent Dog Training from A-Z subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that Tom Rose School will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services. 5. ACCOUNTS AND REGISTRATION We may from time to time offer various features that require registration or the creation of an account with Tom Rose School. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below also will apply. All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any Tom Rose School representative. You are responsible for all use on your account, including unauthorized use by any third party, so please be very careful to guard the security of your password. Please notify us by email at as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you. You may terminate your account by email at Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account. Please note, if you are a Dog Training from A-Z subscriber you must first cancel your Dog Training from A-Z subscription before you will be able to terminate your account. Please see the section “Ongoing Subscription and Cancellation” above for instructions on how to cancel your Dog Training from A-Z subscription. We reserve the right to immediately terminate or restrict your account or your use of the Tom Rose School Services or access to Content at any time, without notice or liability, if Tom Rose School determines in its sole discretion that you have breached these Terms of Use, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We also reserve the right to terminate your account or your use of the Tom Rose School Services or access to Content if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Tom Rose School servers being made or the volume of User Material (as defined below in Section 7) being Posted, and you agree to respect these limitations and not take any steps to circumvent, avoid, or bypass them. 6. COLLECTION AND USE OF PERSONAL INFORMATION For information about Tom Rose School’s policies and practices regarding the collection and use of your personally identifiable information, please read Tom Rose School’s Privacy Policy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use, you agree that your presence on the Tom Rose School Site and use of the Tom Rose School Services on any of the Properties are governed by the Tom Rose School Privacy Policy in effect at the time of your use. 7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL Your Posts. As part of the, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). In order to keep the Tom Rose School Services enjoyable for all of our users, you must adhere to the rules below. Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the Tom Rose School. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. We advise that you do not, and you should also be careful if you decide to, Post personally identifiable information, such as your email address, telephone number, or street address. You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Tom Rose School the license provided below. You also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Tom Rose School will remove all User Material if we are properly notified that such User Material infringes on another person’s rights. You acknowledge that Tom Rose School does not guarantee any confidentiality with respect to any User Material. By Posting User Material, you are not forfeiting any ownership rights in such material to Tom Rose School. After Posting your User Material, you continue to retain all of the same ownership rights you had prior to Posting. By Posting your User Material, you grant Tom Rose School a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Tom Rose School Services worldwide, including on or through any Property, in perpetuity, in any media formats and any media channels now known or hereinafter created. The license you grant to Tom Rose School is non-exclusive (meaning you are not prohibited by us from licensing your User Material to anyone else in addition to Tom Rose School), fully-paid, royalty-free (meaning that Tom Rose School is not required to pay you for the use of your User Material), and sub licensable (so that Tom Rose School is able to use its affiliates, subcontractors, and other partners, such as internet content delivery networks, to provide the Tom Rose School Services). By Posting your User Material, you also hereby grant each user of the Tom Rose School Services a non-exclusive, limited license to access your User Material, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Tom Rose School Services and under these. Terms of Use. Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Tom Rose School does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Tom Rose School. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Tom Rose School assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Tom Rose School with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find, please email (subject line: “Inappropriate User Material”). 8. LINKED DESTINATIONS AND ADVERTISING Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Tom Rose School operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Tom Rose School Services, we will not warn you that you have left the Tom Rose School Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Tom Rose School Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination. Tom Rose School is not responsible for the content or practices of any website or destination other than the Tom Rose School Site, even if it links to the Tom Rose School Site and even if the website or destination is operated by a company affiliated or otherwise connected with Tom Rose School. By using the Tom Rose School Services, you acknowledge and agree that Tom Rose School is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Tom Rose School Site. Advertisements. Tom Rose School takes no responsibility for advertisements or any third party material Posted on any of the Properties, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Tom Rose School Services are between you and the advertiser, and you agree that Tom Rose School is not liable for any loss or claim that you may have against an advertiser. 9. TRADEMARKS Tom Rose School, the Tom Rose School logo,, and other Tom Rose School marks, graphics, logos, scripts, and sounds are trademarks of Tom Rose School LLC. None of the Tom Rose School trademarks may be copied, downloaded, or otherwise exploited. 10. UNSOLICITED SUBMISSIONS It is Tom Rose School’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas, or concepts. Tom Rose School’s policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Tom Rose School creative work, including a film, series, story, title, or concept, would be purely coincidental. 11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE TOM ROSE SCHOOL SERVICES, YOU AGREE THAT USE OF THE TOM ROSE SCHOOL SERVICES IS AT YOUR OWN RISK. THE TOM ROSE SCHOOL SERVICES, INCLUDING THE TOM ROSE SCHOOL SITE AND THE OTHER PROPERTIES, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE PROPERTIES, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TOM ROSE SCHOOL DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON-INFRINGEMENT; OR THAT THE TOM ROSE SCHOOL SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE. IN NO EVENT SHALL TOM ROSE SCHOOL OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “TOM ROSE SCHOOL PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE TOM ROSE SCHOOL SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH THE PROPERTIES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE TOM ROSE SCHOOL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE TOM ROSE SCHOOL SERVICE OR $50 (WHICHEVER IS LESS). YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TOM ROSE SCHOOL PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE TOM ROSE SCHOOL SERVICES (INCLUDING YOUR USE OF THE CONTENT). TOM ROSE SCHOOL RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. 12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT If you believe that any Content, User Material, or other material provided through the Tom Rose School Services, including through a link, infringes your copyright, you should notify Tom Rose School of your infringement claim in accordance with the procedure set forth below. We will process each notice of alleged infringement that Tom Rose School receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to (subject line: “alleged infringement”). To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Tom Rose School Services that is reasonably sufficient to enable Tom Rose School to identify and locate the material; (iv) how Tom Rose School can contact you, such as your address, telephone number, and email address; (v) a 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; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Tom Rose School has a policy of terminating repeat infringers in appropriate circumstances. 13. ARBITRATION OF CLAIMS PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW IT AFFECTS YOUR RIGHTS. In the unlikely event that we do not meet your satisfaction, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Tom Rose School agree to the following resolution process. To begin with, you agree that that any claim that you might have against us regarding these Terms of Use, the Tom Rose School Services, or the Properties must be resolved through binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules. It’s important to us that we address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one year after your claim arose; otherwise, your claim is waived. As an exception to this arbitration agreement, Tom Rose School is happy to give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis. Because we prefer to resolve our issues with you directly, you agree to arbitrate with Tom Rose School only in your individual capacity, not as a representative or member of a class. As such, your claims may not be joined with any other claims and there shall be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative. Arbitration hearings will be held in Jefferson County, Missouri. It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course please feel free to ask an attorney. Since we always prefer to find ways to satisfy you as quickly and efficiently as possible, before initiating any arbitration proceeding, you agree to first discuss the matter informally with Tom Rose School for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by email to us at: 14. GENERAL INFORMATION Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Tom Rose School Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United States or the country in which you reside. Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of the State of Missouri without giving effect to principles of conflicts of law. In the event of a claim by you against Tom Rose School, you agree to submit to the exclusive jurisdiction of the courts located in the Jefferson County of the State of Missouri. In the event of a claim by Tom Rose School against you, you agree to submit to the jurisdiction of the courts located where Tom Rose School pursues its claim against you, which may include courts in the Jefferson County of the State of Missouri. No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at (subject line: “Terms Violation”). Precisely how Tom Rose School responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Tom Rose School’s precise response with respect to one party or one situation as any indication of what Tom Rose School might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Tom Rose School’s decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if Tom Rose School acts in a way that appears to you to be inconsistent with these Terms of Use, Tom Rose School’s action shall not be deemed a waiver or constructive amendment of these Terms. Integration, Amendment, and Sever ability. Please note that these Terms of Use, including Tom Rose School’s Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany Tom Rose School authorized applications, features and devices, constitute the entire legal agreement between you and Tom Rose School and govern your use of the Tom Rose School Services (including your use of the Content) (but excludes any services, if any, that Tom Rose School may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Tom Rose School in relation to the Tom Rose School Services. Except as set forth in Section 2 above, these Terms may not be amended or varied except in a writing signed by Tom Rose School. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes, a signature or “signed” writing or written agreement may not include an electronic or digital signature. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Thank you for taking the time to read these Terms of Use. By understanding and agreeing to follow these Terms, the experience will be better for all users. Minimum of 8 videos made each month based on what you need.Privacy Policy Last updated on March 16, 2014 Privacy Policy. This Privacy Policy governs the manner in which Tom Rose School LLC collects, uses, maintains and discloses information collected from users (each, a “User”) of the website (“Site”). This privacy policy applies to the Site and all products and services offered by Tom Rose School LLC. 1. Personal identification information We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. 2. Non-personal identification information We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. 3. Web browser cookies Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly. 4. How we use collected information Tom Rose School LLC collects and uses Users personal information for the following purposes: - To improve our Site We continually strive to improve our website offerings based on the information and feedback we receive from you. - To improve customer service, your information helps us to more effectively respond to your customer service requests and support needs. - To process transactions We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service. - To administer a content, promotion, survey or other Site feature To send Users information they agreed to receive about topics we think will be of interest to them. - To send periodic emails 5. The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. 6. How we protect your information We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures. Our Site is also in compliance with PCI vulnerability standards in order to create as secure of an environment as possible for Users. 7. Sharing your personal information We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission. 8. Third party websites Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies. 9. Advertising Ads appearing on our site may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers. 10. Changes to this privacy policy Tom Rose School LLC has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. 11. Your acceptance of these terms By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. 12. Contacting us If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: Tom Rose School LLC

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