Revised/Updated December 12, 2024.


TECH CONTRACTS ACADEMY® TERMS OF USE

By clicking “Buy now” or “Enroll now” or otherwise indicating assent to this Tech Contracts Academy® Terms of Use (these or this “Terms of Use”), you acknowledge and agree to be bound by these Terms of Use and any TCA terms or policies referenced or incorporated herein.

You acknowledge, agree, and are on notice that: (1) LEGAL SITUATIONS AND ISSUES VARY, SO OUR PROGRAMS AND OTHER OFFERINGS MAY NOT FIT YOUR PARTICULAR NEEDS; and (2) YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY BEFORE ACTING ON OR OTHERWISE RELYING ON INFORMATION IN TCA’S PROGRAMS OR OTHER OFFERINGS.

These Terms of Use constitute an agreement between you and Tech Contracts Academy, LLC, a California limited liability company (“TCA” “we,” “us,” or “our company”). These Terms of Use govern your: (I) registration for and/or participation in training programs presented by TCA, including without limitation live remote, live in-person, and on-demand (recorded) educational programs (collectively “Programs”); (II) use of the TechContracts.com website, including without limitation pages hosted by our third party vendor, Teachable (collectively, the “Website”); (III) access to and use of all other TCA products or services linking to or otherwise provided through the Programs or the Website, including without limitation sample contract forms, sample contract clauses, blog posts, slides, and audio or video content (collectively, “Materials”); and (IV) use of any Programs or other Offerings (as defined below) you purchased or otherwise accessed in the past under a prior version of these Terms of Use, so that your execution of these Terms of Use constitutes your agreement that this version governs all access to and use of such past Programs and other Offerings. This Terms of Use refers to the Programs, Website, and Materials collectively as TCA’s “Offerings.”

A. No Legal Services, Not Attorney Advertising

  1. No Legal Services: You acknowledge, agree, and are on notice that: (a) the Programs and other Offerings are authored and published by Tech Contracts Academy, which is not a law firm and does not provide legal services of any kind; (b) THE WEBSITE, THE PROGRAMS, AND OUR OTHER OFFERINGS ARE NOT, AND ARE NOT INTENDED TO BE, A SOURCE OF LEGAL ADVICE; (c) you are not relying and will not rely on any of the information on the Website, in the Programs, or in any other Offerings in determining how to conduct your legal affairs; (d) publication of information at the Website or in the Programs or any other Offerings, including without limitation contract forms/sample language, articles, slides, and live or recorded audio and/or video content does not constitute the practice of law and is not legal counsel or advice; (e) neither the author nor publisher of the Website or the Programs or other Offerings, nor the author or publisher of The Tech Contracts Handbook (the “Book”), is rendering a legal service, and neither is anyone else affiliated with the Website or the Programs or other Offerings; and (f) the Offerings should not be relied upon as a substitute for consultation with an experienced attorney.
  2. Not Attorney Advertising: You acknowledge, agree, and are on notice that: (a) NEITHER THE WEBSITE, NOR THE PROGRAMS OR OTHER OFFERINGS, NOR THEIR MARKETING, IS INTENDED TO ADVERTISE LEGAL SERVICES PROVIDED BY ANY LAWYER OR LAW FIRM OR TO PROVIDE CONTACT INFORMATION FOR ANY LAWYER OR LAW FIRM, including without limitation any law firm that employs one or more of the Website’s or Programs’ or other Offerings’ authors; (b) visitors interested in legal services should visit the website for a lawyer or law firm, or make contact in another way, and should not use the Website or the Programs or other Offerings or its/their contact information to contact the lawyers referenced here; (c) contact information and mechanisms at the Website are solely for inquiries about training, books, and the other resources provided or advertised here, and not for inquiries about legal services; and (d) every legal matter is different, and results depend on the unique law and facts present in a specific transaction or matter, and the Offerings do not address any such specifics.

B. Disclaimers, No Warranty or Guarantee, Limitation of TCA Liability

  1. Disclaimers/No Warranty or Guarantee: NEITHER ANY AUTHOR OR PUBLISHER OF THE WEBSITE OR THE PROGRAMS OR OTHER OFFERINGS REPRESENTS THAT ANY FORM CONTRACT PROVIDED ON THE WEBSITE, OR ANY CONTRACT LANGUAGE OR OTHER RESOURCE, OR ANY OTHER OFFERING INCLUDING THE MATERIALS WILL MEET YOUR SPECIFIC GOALS, PROTECT YOUR SPECIFIC INTERESTS, OR WITHSTAND CHALLENGES TO ITS LEGAL OR FACTUAL SUFFICIENCY. THE OFFERINGS, INCLUDING WITHOUT LIMITATION THE INFORMATION AND CONTRACT FORMS ON THE WEBSITE AND INFORMATION PROVIDED WITH THE PROGRAMS AND OTHER OFFERINGS ARE PROVIDED “AS IS” AND ARE NOT PROVIDED WITH ANY GUARANTEE, WARRANTY, OR REPRESENTATION AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. TCA PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE WEBSITE, PROGRAMS, AND OTHER OFFERINGS INCLUDING THE DOCUMENTS AND OTHER MATERIALS REFERENCED OR PROVIDED BY THEM ARE GENERAL IN NATURE AND MAY NOT BE SUFFICIENT FOR A SPECIFIC CONTRACTUAL, TECHNOLOGICAL, OR LEGAL PROBLEM OR DISPUTE.
  2. Limitation of TCA Liability: TCA’S AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF ANY TCA OFFERING WILL NOT EXCEED THE FEES YOU PAID FOR IT OR, IF NONE, $500 (U.S.). IN NO EVENT WILL TCA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR LOST BUSINESS RESULTING FROM SUCH USE. THE LIABILITIES LIMITED BY THIS SECTION B.2 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF TCA IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits application of this Section, TCA’s liability will be limited to the maximum extent permissible by law. For the avoidance of doubt, TCA’s liability limits and other rights set forth in this Section apply likewise to TCA’s instructors, other staff, principals, employees, agents, officers, insurers, and other representatives.

C. Intellectual Property Rights & Use Restrictions

You recognize and agree that all content at the Website and in the Programs and other Offerings (including without limitation contract forms/sample language, articles, slides, live or recorded audio and/or visual content, and other Materials) is protected by copyright law, and that TCA is the sole owner of the copyrights and any other intellectual property rights to such Materials. You agree not to use the Website, Programs, or other Offerings, including the Materials, except in compliance with this Section C.

  1. Materials: You may reproduce the Program agenda (if provided) and slides (if provided) and other Materials provided with a Program, solely for your personal use. You receive no right, title, or interest in or to Materials (or any other part of the Program) other than the limited license granted in the preceding sentence. For the avoidance of doubt and without limiting the generality of the foregoing, you may not create derivative works from the Materials, nor sell or resell the Materials.
  2. Access to Programs and Recordings: Each enrollment/registration for a Program is for your personal use, and only you may attend. YOU SHALL NOT SHARE YOUR ACCESS TO (OR ACCESS CREDENTIALS FOR) A PROGRAM WITH ANYONE OR RECORD OR OTHERWISE REPRODUCE OR BROADCAST OR DISTRIBUTE A PROGRAM OR ANY PART OF IT, AND YOU SHALL NOT SAVE OR OTHERWISE REPRODUCE A COPY OF A RECORDING OR ANY PART OF A RECORDING PROVIDED BY TCA. You agree that your access to Program recordings is limited to the terms and duration offered by Tech Contract Academy. For the avoidance of doubt, you receive NO intellectual property right, title, or interest in or to recordings.
  3. Website Forms: The form contracts available at the Website for download in Microsoft Word, and the other sample contract language provided at the Website (including in Articles, and e-mails containing them) and/or in the Book (the “Forms”) are available for use by Website visitors (and e-mail recipients). Unlike any other TCA offerings, you may reproduce and create derivative works from the Forms, and you may use the Forms for your own transactions. However, you shall not sell or resell the Forms, and you receive no rights to the Forms other than those specifically granted in this Section C.3. TCA may edit, replace, or remove the Forms altogether, at any time, without notice or obligation to you. YOU RECEIVE NO LICENSE TO ANY CONTENT AT THE WEBSITE OTHER THAN THE FORMS. All use of the Forms and other content at the Website is subject to the provisions above.
  4. “Interactive Content” & “Feedback”: You hereby grant TCA a perpetual, irrevocable, worldwide license to reproduce, distribute, modify, publicly perform, publicly display, and otherwise use and exploit any content you contribute to the Website or a Program or other Offering, including without limitation any recording of your image or voice, poll responses, and the text of any questions or comments you submit in writing, such as in survey or evaluation responses (collectively, “Interactive Content”). You recognize and agree that SUCH INTERACTIVE CONTENT IS NOT ANONYMOUS, AND YOU WAIVE ANY RIGHT OF PUBLICITY OR RIGHT OF PRIVACY YOU MAY HAVE IN INTERACTIVE CONTENT. If you provide any suggestion or idea for improving or otherwise modifying TCA’s products or services (“Feedback”), you agree that TCA has an unrestricted right to use, profit from, disclose, publish, keep secret, or otherwise exploit that Feedback without compensating or crediting you.
  5. Competitive Offerings: You agree not to access or use any Offering for the purpose of developing a product or service similar to or competitive with any TCA product or service.

D. Program Pricing, Refund Policy

  1. Pricing, Discounts: Where, in its discretion, TCA offers discounts for a Program, only one discount may be applied per registration. TCA may modify or discontinue a discount at any time, without notice. Not discount shall have retroactive effect.
  2. Refund Policy: For TCA’s Programs, TCA’s Refund Policy, linked here, overrides any policy of a third party, including without limitation Program hosts/platforms.

E. Miscellaneous

  1. Sanction Compliance: No person may register for or attend a Program, or otherwise make use of TCA’s Offerings, who is, or is employed by an entity that is, subject to sanctions and/or boycotts by the United States, or otherwise publicly boycotted by TCA. By registering for a Program, you affirm you are not subject to any then-applicable sanction and/or boycott.
  2. Force Majeure: No delay, failure, or default by TCA will constitute a breach to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of “God” or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, technical or other access failures or suspensions or terminations by contractors (for example, third party hosts/platforms) (including without limitation electrical or internet disruptions), or other causes beyond TCA’s reasonable control. Nor shall temporary technical access lapses be deemed a breach by TCA, regardless of cause.
  3. California Notices: You are on notice of and agree to the following: (a) if your relationship with TCA is subject to California Business & Professions Code Section 17538, you should see our company information on our Contact page, you may request that our company name and address (which is as set forth there) be e-mailed to you by reaching out to [email protected], and you are subject to the Refund Policy; and (b) if your relationship with TCA is subject to California’s Electronic Commerce Act of 1984 (California Civ. Code Section 1789), complaints or requests for further information may be directed to us via the contact information on our Contact page, and you may contact the Consumer Information Center of California’s Department of Consumer Affairs at www.dca.ca.gov, 800/952-5210, or 1625 North Market Boulevard, Ste. N112, Sacramento, CA, 95834. (Nothing in this these Terms of Use constitutes a statement or acknowledgement by TCA regarding when any law listed above in this Section E.4 applies to your relationship with TCA.)

F. Construction and Amendment

  1. Choice of Law & Jurisdiction: Any disputes related to these Terms of Use, the Website, or another Offering will be governed solely by the internal laws of the State of California, without reference to any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Marin County, California.
  2. Single Contract for all Products: You recognize and agree that these Terms of Use governs your use of all of TCA's Offerings, including without limitation Programs you purchased under a prior version of these Terms of Use.
  3. Amendment: TCA MAY AMEND THESE TERMS OF USE AT ANY TIME BY POSTING A NEW VERSION ON THIS PAGE OR ON A SUCCESSOR PAGE, subject to the next sentence. You agree that the first to occur of the following constitutes your acceptance of any amendment to to these Terms of Use: (a) your continued use of any Offering 30 or more days after TCA sends written notice of such amendment to the e-mail address or other contact information you have provided to us; or (b) your execution of the amended version of these Terms of use, including without limitation when you click "Buy now" or "Enroll" as part of the purchase of a new Program.
  4. No POs: No terms in purchase orders or other purchasing documents, and no terms not executed by TCA’s authorized representative in writing, amend these Terms of Use or otherwise bind TCA.