TrainEasy (including its various affiliates and subsidiaries, “TrainEasy”) provides a collection of tools and resources to manage an online store, process orders and sell products online and related professional and other services (collectively, the “Services”). The following are the terms and conditions for use of the Services (the “Terms”), along with any amendments thereto and any operating rules or policies that may be published from time to time by TrainEasy. You agree that you have read and understand, and have the capacity and authority to accept, agree to and be bound by these Terms.
1.1 The Services are provided subject to these Terms and any operating rules or policies that TrainEasy may publish from time to time (collectively, the “Agreement”). TrainEasy may make changes or modifications to this Agreement at any time, and such changes or modifications are effective immediately upon the earliest of (a) TrainEasy’s email notification to you advising you of such changes or modifications, (b) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the “Date of Last Revision” date at the top of the Terms or (c) your continued use of the Services after TrainEasy posts the updated Agreement to TrainEasy.com. In addition, when using particular TrainEasy services, Customer and TrainEasy will be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time.
1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.
1.3 The Services provides a collection of tools and resources to manage an online store, process orders and sell products online. In addition, the Services may include professional consulting services and/or migration services relating to your use of the TrainEasy’s tools and resources.
1.4 Customer must complete a registration form in order to use the Services. Customer will provide true, accurate, current, and complete information about Customer as requested in the registration form, and will update the information to keep it current. As part of the registration process, Customer will identify an email address and password for Customer’s TrainEasy account. Customer is responsible for maintaining the security of Customer’s account, passwords, and files, and for all uses of Customer’s account and of the Services in Customer’s name. TrainEasy reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and Customer is not granted a license to any software by this Agreement. Customer will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services (“Software”); modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
2.3 For every email message sent in connection with the Services, Customer acknowledges and agrees that the recipient has agreed to receive such communication and that Customer will not engage in the act of sending unsolicited emails.
2.4 In using the varied features of the Services, Customer may provide information (such as name, contact information, or other registration information) to TrainEasy. TrainEasy may use this information and any technical information about Customer’s use of this website to tailor its presentations to Customer, facilitate Customer’s movement through this website, or communicate separately with Customer. TrainEasy will not provide information to companies Customer has not authorized, and TrainEasy will not authorize the companies that get such information to sell and redistribute it without Customer’s prior consent.
2.5 Customer acknowledges and agrees that: (a) the Services including without limitation, any modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”) are owned by TrainEasy and/or its third party sponsors, partners, and other co-branders (collectively, “Content Providers”), (b) the Proprietary Information contains valuable copyrighted material and is protected by NIGERIAand international copyright and other intellectual property laws, (c) the Proprietary Information is licensed, rather than sold, to Customer pursuant to these Terms, and (d) Customer has no rights in the Proprietary Information, other than the rights and licenses granted to Customer herein.
2.6 TrainEasy Trademarks. “TrainEasy” and our logos (both words and design) either are trademarks, service marks, or registered trademarks of TrainEasy or its Content Providers, and may not be copied, imitated or used, in whole or in part without TrainEasy’s prior express written consent or that of our Content Providers. In addition, all page headers, custom graphics, design and user interface elements, and scripts are service marks, trademarks, and/or trade dress of TrainEasy and may not be copied, imitated, or used, in whole or in part without our prior written permission, which consent may be withheld in our sole discretion. All other marks or logos not owned by TrainEasy are the property of their respective owners.
2.7 Reservation of Rights. Except for the rights expressly granted to Customer pursuant to these Services, Customer acknowledges that it has no right, title or interest in or to this website, the Services or Proprietary Information. All rights not expressly granted by TrainEasy in these Terms are hereby reserved by TrainEasy. There are no implied rights.
3. Term and Termination
3.1 Customer may terminate this Agreement at any time. To learn more about how to terminate this Agreement, please click here. See also Section 7 below (Fees and Payment; Upgrade, Downgrade and Cancellation of Services) for more information regarding termination of this Agreement or related Services.
3.2 TrainEasy may terminate this Agreement or the Services at any time with or without cause, and with or without notice. TrainEasy will have no liability to Customer or any third party because of such termination.
3.3 Upon termination or expiration of this Agreement by either party for any reason, (a) TrainEasy will cease providing the Services, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to TrainEasy for your usage of the Services through the effective date of such termination or expiration will immediately become due and payable in full. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.
3.4 Upon termination or expiration of this Agreement by either party for any reason, TrainEasy may delete any Customer archived data within 30 days after the date of termination.
4. Disputes Regarding Account or Site Ownership
4.1 The entity or person creating a TrainEasy account and designated as the owner will be deemed the account owner. For security reasons, only the account owner or the point of contact designated by the account owner will be allowed to make changes, cancellations, or designate a new point of contact. Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site, store or account. TrainEasy is not obligated to, and will not, resolve any such disputes.
4.2 If multiple persons are claiming ownership of or rights in a site, store or account, and, in TrainEasy’s sole judgment, there is uncertainty as to the ownership of or rights in such site, store or account, then TrainEasy will, to the extent of its knowledge and ability, notify such persons of the dispute and demand that such persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves TrainEasy of all liability and obligations concerning the dispute and such site, store or account. If the disputing persons fail to resolve the dispute within what TrainEasy, in its sole judgment, deems to be a reasonable time, then TrainEasy, at its sole option and without any obligation to do so, may suspend or terminate the account until such persons resolve such dispute and reach certainty regarding ownership of or rights in such website, store and/or account. The person or persons conclusively and finally determined by court order, binding arbitration or settlement agreement to be the rightful owner(s) or interest holder(s) of such website, store and/or account will be obligated to pay all amounts due and comply with the then current TrainEasy policy regarding transfers of accounts, if required, to transfer ownership of the site, store and/or account to the rightful owner. Failure of the rightful owner of such site, store and/or account to timely pay in full all of such amounts will be deemed a breach of these Terms and will subject the account to immediate termination.