Terms of Service
The TRC "Telecommunication Regulatory Commission" website is comprised of various web pages that are controlled, maintained, and operated by TRC. Use of the TRC Website is offered to you conditioned on your complete acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TRC Website constitutes your acceptance of and agreement to all such terms, conditions, and notices.
Your use of a particular sections or areas included within the TRC Website may also be subject to additional terms outlined elsewhere in this agreement ("Additional Terms"). In the event that any of the terms, conditions, or notices contained herein conflict with the Additional Terms, these terms shall control.
Access to some sections and areas of the TRC Website are limited specifically to those users who register with TRC and obtain a user account ("Registered User Areas"). Use of the Registered User Areas without proper authorization is strictly prohibited and may subject you to civil or criminal actions.
In order to gain access to the Registered User Areas you are required to open an account by providing us with current, complete and accurate information as prompted by the applicable registration form. During the registration process you will be assigned or must choose a user name and password. You are responsible for maintaining the confidentiality of your user name, password and account. You are also responsible for any and all activities that may occur under your account. You agree to notify TRC immediately of any unauthorized use of your account or any other breach of security. TRC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TRC or another party due to someone else using your account or password. You may not use anyone else's account at any time.
Use of Website
You may use the TRC Website for your personal, non-commercial use only, in accordance with the terms and conditions of this agreement; however, you may not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information of the TRCís website contents itself, obtained from the TRC Website for any purpose without the express written permission of TRC.
AS A CONDITION OF YOUR USE OF THE TRC WEBSITE, YOU AGREE NOT TO USE THE TRC WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THE TERMS, CONDITIONS, AND NOTICES OF THIS AGREEMENT.
You may not use the TRC Website in any manner that could damage, disable, overburden, or impair the TRC Website (or the networks connected to the TRC Website) or interfere with any other party's use and enjoyment of the TRC Website. You may not attempt to gain unauthorized access to any TRC Website, other accounts, computer systems or networks connected to any TRC Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the TRC Website.
User Information Areas
The TRC Website may contain bulletin boards, message boards, chat areas, news groups, forums, feedback, newsletter or other means of communication designed to enable you to communicate with other users ("User Information Areas"). You agree that you will use the User Information Areas only to post, send and receive content, messages or materials that do not violate the terms and conditions of this agreement. You agree that you will not use the User Information Areas or the TRCís Website: (1) in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages; (2) to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; (3) to publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (4) in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; (5) to upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; (6) to advertise or offer to sell or buy any goods or services for any business purpose; (7) to download any materials or files posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner; (8) to falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (9) to restrict or inhibit any other user from using and enjoying the TRC Website; (10) to collect information about others; (11) to violate any applicable laws or regulations; (12) to create a false identity for the purpose of misleading others; or (13) to download or otherwise copy, or provide to a person or entity any directory of users of the TRC Website or other user or usage information or any portion thereof.
TRC has no obligation to monitor the use of the User Information Areas or the TRC Website. However, TRC reserves the right to review any and all content, messages or materials that may be posted to the TRC Website and to remove any content, messages or materials that it deems necessary in its sole discretion. TRC does not control or endorse the content, messages or materials that may be published, posted, uploaded, distributed or disseminated by a user and, therefore, TRC specifically disclaims any liability whatsoever with regard to any content, messages or materials provided by a user or any actions taken by a user.
By posting communications to or transmitting through the Web site or service, you thereby grant TRC a royalty-free, perpetual, irrevocable, transferable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, for marketing purposes, or as a part of other works in any form, media, or technology, whether now known of hereafter developed and to sublicense such rights to anyone.
Anything you transmit or post may be used by TRC or licensed to others by TRC for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
By posting, uploading, inputting, providing or submitting any content, messages or materials to the TRC Website, you warrant and represent that you own, have the right and/or authority to sublicense, or otherwise control all of the rights to the content, messages or materials including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, messages or materials.
Termination of Access
TRC reserves the right, in its sole discretion, to terminate your access to the TRC Website and to any related services or portion thereof at any time, without notice.
TRC may also terminate or suspend your access to the TRC Website for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by TRC. Upon termination or suspension of your access to the TRC Website, your right to use the TRC Website immediately ceases.†
The TRC Website may contain links to third party websites ("Thirty Party Websites"). The Third Party Websites are not under the control of TRC and TRC is not responsible for the content of any Third Party Websites, including without limitation any link contained in a Third Party Website, or any changes or updates to a Third Party Website. TRC is not responsible if the Third Party Website is not working appropriately. TRC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TRC of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of service posted on any Third Party Websites.
Any dealings with third parties included within the TRC Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. TRC shall not be responsible or liable for any part of any such dealings or promotions.
Customer Web Sites
TRC provides online knowledge and other services to employees of TRCís clients and others designated by TRCís clients to participate in TRCís programs (ďUsersĒ). TRCís clients are typically businesses or other organizations. TRC typically provides its services via web sites that TRC creates, configures and hosts on behalf of the clients. TRC operates its programs and collects and uses data about Users at the direction of, and in accordance with, the instructions of TRCís customers.
TRCís arrangements with its customers may require TRC to obtain certain personal information, either from the customer or a User, in order for a User to access the online knowledge, training and other services provided on a TRC customer web site. Among other things, TRC may collect the following data: (i) User name; (ii) User identification; (iii) User password (iv) User email address; and (v) User department(s) and location within the customer organization. TRC may also track the amount of time a User spends on the customer web site, the applications the User employs, the self-tests the User performs, the Userís performance on such tests, and other activities in which the User engages while the User in on the TRC customer web site.
TRC may use non-personal data that it obtains from Users, such as the amount of time Users spend on a specific portion of a web site, to analyze trends, to gather data to benchmark best practices, and to monitor, improve and refine the functionality of the system. TRC generally only uses personal information to provide feedback about a Userís activity on a TRC-hosted customer web site. For example, TRC may use personal information to inform a User of his or her performance on tests, or the number of training modules that a User has used. TRC may also use personal information to send e-mails to a User, such as reminder e-mails that the User has not completed certain online courses. TRC may also suggest which online courses are most suitable for a User.
TRCís arrangements with its customers may require TRC to provide all User information in TRCís possession, including a Userís personal information, directly to the customer with which the User is associated (i.e. the Userís employer). If a User corresponds with TRC, TRC may keep a record of that correspondence. TRC may also forward correspondence to the customer which the User is associated. TRC does not transfer any personal User information to any third party (other than TRCís customer) unless it is authorized to do so by the customer with which the User is associated, or required to do so by applicable law.
Disclaimer of Warranty
TRC MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED CONTENT CONTAINED WITHIN THE TRC WEBSITE FOR ANY PURPOSE. THE TRC WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TRC HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WITH RESPECT TO THE TRC WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
YOU SPECIFICALLY AGREE THAT TRC WILL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE TRC WEBSITE. YOU SPECIFICALLY AGREE THAT TRC ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT TRC ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE TRC WEBSITE BY ANY THIRD PARTY. IN NO EVENT SHALL TRC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TRC WEBSITE, WITH THE DELAY OR INABILITY TO USE THE TRC WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED TEXT, PHOTOS, AUDIO, VIDEO, GRAPHICS, SOUND OR OTHER CONTENT OBTAINED THROUGH THE TRC WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TRC WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TRC OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TRC WEBSITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TRC WEBSITE.
Errors and Corrections
The information, products, and services included in or available through the TRC Website may include inaccuracies or typographical errors. Changes are periodically made to the TRC Website and to the information therein. TRC may make improvements and/or changes in the TRC Website at any time.
Modification of Agreement
TRC reserves the right to change the terms, conditions, and notices under which the TRC Website is offered, including but not limited to the charges associated with the use of the TRC Website. You are responsible for regularly reviewing these terms and conditions and additional terms posted on this website. Your continued use of the TRC Website constitutes your acceptance of and agreement to all such terms, conditions, and notices.
Notice of Proprietary Rights
The TRC Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, video, graphics, music and sound that is owned by or licensed to TRC or its affiliates or suppliers. Unless specified otherwise, all information, materials and contents on the TRC Website are: Copyright © 2007. All rights reserved.
TRC and TRCís products or services referenced herein are either trademarks or registered trademarks of TRC. The names of actual companies and products or services mentioned herein may be the trademarks of their respective owners. Software Available on this Web Site
Any software that is made available to download from this Web site (ďSoftware[t1] Ē) is the copyrighted work of TRC, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (ĎLicense AgreementĒ). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Web site, is owned by TRC, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTEED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the . You may agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to export restrictions.
TRC reserves the right to disclose any personal information about you or your use of the TRC Website, including its contents, without your prior permission if TRC has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of TRC or its affiliated companies; (3) enforce the terms of service; or (4) act to protect the interests of its members or others.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TRC with respect to the TRC Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TRC with respect to the TRC Website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Cancellation and Refund Policy
Because legal regulations vary from one governmental agency's jurisdiction to another and because our franchise locations are independently owned, TRCís policies on issues such as cancellations and refunds may vary from location to location. Please be certain that you receive and understand the written policies that are in force for the location with which you conduct business