Updated May 12, 2020
1. Agreement Between User and TCG
The Services offered to you are conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TCG Web Site constitutes your agreement to all such terms, conditions, and notices.
TCG reserves the right to suspend user privileges and block access of any user who violates this User Agreement.
3. Links to Third Party Sites
When using the Services, you may sometimes be linked to other websites. TCG is not responsible for any websites not operated by TCG.
4. Permitted Uses
b. Viewing and Downloading
Through your authorized use of the Services, you may be granted the ability to view, access, or obtain materials including confidential documents and other sensitive materials. You specifically acknowledge and agree that it is your sole responsibility to ensure and maintain the appropriate level of confidentiality for all such documents and materials and that TCG is not responsible for the security of any information, documents, or materials that you download or obtain through your use of the Services.
c. Uploading Material
You may be given authorization to upload certain materials to the Services. You warrant that any materials you upload are for the sole purpose of your authorized and legitimate use of the Services, and that such materials are free from any viruses, Trojan horses, code that could harm any computer system, and personal, sensitive, proprietary, or confidential information belonging to another. You are solely responsible for any materials you upload. You acknowledge and agree that, depending on the specific matter and related level of restricted access, other parties may have access to materials you upload to the Services.
d. Use or Access by Minors
The Services are neither targeted to, nor intended to be used by anyone under the age of 13 years. Any use or access by anyone under the age of 13 is prohibited. If you are under the age of 13 years, you must not use or access the Services.
If you are at least 13 years old, but not yet 18 years old (or the legal age of majority in your jurisdiction), then you may not access or use the Services unless and until you review these terms with your parent or guardian, and they must understand and agree to these terms in order for you to use the Services. If you and your parent or guardian do not agree to these terms, then you must immediately stop using the Services and notify TCG.
e. Intellectual Property
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services are copyrights, trademarks, trade dress and/or intellectual property owned, controlled, or licensed by TCG or by third parties who have licensed their materials to TCG and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement, and assembly) of all materials on the Services is the exclusive property of TCG or its licensors and are protected by U.S. and international copyright laws. You shall not copy, reproduce, republish, upload, post, transmit, or distribute the Services in any way that violates TCG’s intellectual property rights. This section shall remain in effect after the expiration or termination of your use of the Services.
f. Use of Communication Services
The Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other messaging or communication functionality designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), and you agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service in use by you at the time. You further warrant that any materials you post to or on the Communication Services are for the sole purpose of your authorized and legitimate use of the Services, and that such materials are free from any viruses, Trojan horses, code that could harm any computer system, and personal, sensitive, proprietary, or confidential information belonging to another. You agree that when using the Communication Services, you will not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically authorizes and allows such messages;
- Conduct or forward surveys, contests, promotional materials, or chain letters;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- 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;
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
- Harvest or otherwise collect information about others, including e-mail addresses, without their written consent;
- Violate any applicable laws or regulations.
TCG has no obligation to monitor the Communication Services. However, TCG reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion and without notice to you. TCG reserves the right to edit, refuse to post, or remove any information or materials, in whole or in part, in TCG’s sole discretion.
TCG does not control or endorse the content, messages, or information found in any of the Communication Services. TCG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any of the Communication Services. Managers and hosts are not authorized TCG spokespersons, and their views do not necessarily reflect those of TCG.
Materials uploaded to the Communication Services may be subject to limitations on usage, reproduction, and/or dissemination. You agree to adhere to such limitations if you download the materials.
g. Materials Provided to TCG or Posted to the Services
You grant TCG, its affiliated companies, and sublicensees an unlimited and irrevocable license and permission to use any information or materials you post, upload, input, provide, or submit to the Services (collectively “Submissions”) including, without limitation, the rights to: copy, distribute, transmit, republish, publicly display, publicly perform, reproduce, edit, translate, and reformat.
No compensation will be paid with respect to the use of any Submission you post, upload, input, provide, or submit to the Services. TCG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TCG’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission to the Services, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission. You warrant that any materials you post, upload, input, provide, or submit to the Services are for the sole purpose of your authorized and legitimate use of the Services, and that such materials are free from any viruses, Trojan horses, code that could harm any computer system, and personal, sensitive, proprietary, or confidential information belonging to another.
5. Email and Other Communications
In connection with your use of the Services, you consent to TCG’s recording and retaining any communication, electronic or otherwise, between you and TCG and retaining any information and data you submit while using the Services. In using the Services, you may be permitted to communicate electronically with TCG via electronic mail; however, unless specifically authorized and requested by TCG in writing, you acknowledge and agree that you will not submit any confidential, sensitive, or personal information and you agree to only submit general information or inquiries to TCG via electronic mail and any other submissions or communications on or through the Services, and you agree that any information or inquiries you submit through the Services will be in accordance with the express instructions set forth on the Services for such submissions or communications. Do not send any time-sensitive communications to TCG via electronic mail. You agree that TCG shall not be responsible for responding to any such communications.
6. Accuracy of Information
While TCG makes reasonable efforts to present current and accurate information on the Services, TCG makes no representations, warranties, or guarantees that the Services are free from inaccuracies or errors. The materials and information on the Services are not guaranteed to be correct, complete, or up-to-date. You acknowledge and agree that TCG shall not be responsible for incorrect, inaccurate, or incomplete information or any damage or loss suffered by any person as a result of reliance on such information.
TCG may change or enhance its security protection without notice to you. You shall not attempt to disable or circumvent any security feature on the Services.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ACCESS TO THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW OR AT EQUITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, TCG EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, QUALITY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FUNCTIONALITY, COMPATIBILITY, FREEDOM FROM COMPUTER VIRUS OR MALWARE, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ASSUME ALL RISK OF USE OF THE SERVICES. NO WARRANTY IS GIVEN THAT THE SERVICES WILL BE ERROR-FREE, FREE OF VIRUSES, OR UNINTERRUPTED. TCG IS NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS’ OR OTHER PROVIDERS’ FACILITIES. TCG HAS NO LIABILITY FOR FAULTY OR INTERRUPTED COMMUNICATION LINKS. TCG DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION AND/OR DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICES OR THE SYSTEMS AND NETWORKS THAT MAKE THE SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. TCG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ACKNOWLEDGE THAT PORTIONS OR THE CONTENT OF THE TCG WEBSITES ARE PROVIDED BY THIRD PARTY USERS, AND YOU AGREE THAT TCG HAS NO CONTROL OVER, OR LIABILITY FOR ANY SUCH CONTENT.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR UNDER ANY OTHER SUBSTANTIVE LEGAL THEORY, SHALL TCG; ANY OF ITS EMPLOYEES, OWNERS, OFFICERS, OR AGENTS; OR ITS AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTIAL DAMAGES, OR DAMAGES OF ANY NATURE INCURRED IN CONNECTION WITH OR ARISING OUT OF THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF TCG OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.
10. General Compliance with Laws
You agree to comply fully with all applicable laws, statutes, ordinances, rules and regulations, and agree not to use the Services to facilitate collusion or for any other conduct violating antitrust or other applicable laws.
The Services are owned by TCG. Elements of the site are also protected by trademark, copyright, trade dress, and other laws.
12. Termination/Access Restriction
13. Dispute Resolution (the “Arbitration Agreement”)
In (and only in) the event that this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, the parties agree that the sole and exclusive venue for any dispute arising hereunder shall be in a court located in the District of Butler County, Kansas, and, in (and only in) that event the parties hereby irrevocably consent to the jurisdiction of such court and irrevocably waive any and all objections which any party may have to process being served in any such suit, action, or proceeding pursuant to the rules of the applicable court, including, without limitation, service by certified or registered mail, return receipt requested.
Class Waiver. You and TCG agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless both you and TCG agree otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding.
14. Updates and Amendments
16. Entire Agreement
This Agreement sets forth the entire understanding between TCG and you with respect to the subject matter of this Agreement and supersedes any previous and contemporaneous communications, representations, understandings, and agreements, whether oral or written, between TCG and you with respect to said subject matter.