Privacy Policy

Team Member Trainer, Inc values privacy – ours and yours. To help maintain your privacy and the security of your personal information, we communicate this and all of our privacy policies to Team Member Trainer employees and agents, and we internally enforce privacy safeguards. Most recently we have implemented our GDPR compliance efforts with respect to our customers in the EU and were fully compliant not later than May 25th 2018, the GDPR implementation date.

 

We’ve developed this Privacy Policy to explain how we collect, use, disclose, transfer, and store information received from you in connection with the Sites. Before disclosing information to us, please familiarize yourself with our privacy practices so you can understand how your information may be used by Team Member Trainer. If you are a Controller of personal data under the GDPR and want to understand how Team Member Trainer processes data please request a copy of our Data Processing Addendum to our End-User License Agreement.

 

This Privacy Policy (“Privacy Policy) applies to the websites related to Team Member Trainer, Inc, SPEED Training Workshop and its affiliated companies (“Team Member Trainer Inc.” or “We”), including but not limited to the sites at teammembertrainer.com, speedtrainingworkshop.com, as well as to any software, services, and/or products offered on such website (hereafter the “Sites”).

 

Our Collection and Use of Information:

 

Team Member Trainer may collect information in a number of ways from users who access our Sites or services. We collect personal and non-personal information in various ways. You may provide your information to us to receive a product, service, or communication from us; we may request your information to better serve you; or we may require your information in order to be able complete a transaction (e.g. a purchase) or provide access (e.g. to a paid service).

 

A. Collection of Personal Information

 

Personal information (or “Personally Identifiable Information” or “PII”) is information and data that can be used to specifically identify or contact a single person.  You may be asked to provide your personal information when you contact Team Member Trainer for any reason. Team Member Trainer may share your personal information internally. If we do, we will use it in accordance with this Privacy Policy. We may also combine personal information with other information to help us to develop or improve our products, services, content, communications, and/or advertising, or to provide improved user experiences for you.

Personal information we collect

Examples of some types of personal information Team Member Trainer may collect in connection with the Sites and how we may use it include the following: 

• When you purchase, register, or login to use software, products, or services, request support, download a software update, register for a webinar, live workshop, or training, provide feedback on a software product, or participate in a promotion, contest or online survey, or respond to an advertisement, we may collect a variety of information, including your name, mailing address, phone number, email address, contact preferences, and/or social media credentials. Team Member Trainer does not directly collect credit card numbers in connection with the EverWebinar, WebinarJam, SPEED Training Workshop, or on the websites provided in connection therewith. Payments for those products/services are made through other means or sites and thus we do not collect or store credit card numbers in connection with any of those products/services that this Policy applies to. We may collect credit card information in connection with your use of KARTRA shopping cart services.
• If you use the Team Member Trainer, SPEED Training Workshop, EverWebinar or WebinarJam family of software/services, or the KARTRA shopping cart, we may collect information required to provide the services in connection with such service including PII such as your name, email address, IP address and current location. We may also collect certain personally identifying financial information (“PIFI”) in connection with the KARTRA shopping cart. Such PIFI may include your credit card number (or a portion thereof), the expiration date for the credit card, bank information such as your bank’s name, routing number, and/or your account information. This information in some cases may only be stored temporarily, or transiently, e.g. during a particular secure session between your computer and a Team Member Trainer server.
• We may also ask for certain information only in circumstances where required by law. For example, if you are using the KARTRA shopping cart, where we are required when setting up certain financial accounts to obtain e.g. your Social Security number (SSN), then we will ask for it. As above, such information may only be stored transiently, during a secure session.

How we use your personal information

• Optional Communications: The personal information we collect allows us to provide you with Team Member Trainer’s latest product announcements, helpful tips and information, special offers, software updates, and upcoming events. If you don’t want to receive these communications, or do not wish to be on our mailing list, you can opt out of receiving them. Each communication will provide opt-out directions, and you can also generally opt-out via your account dashboard if you are a registered user, client, or customer. The information in connection with these optional communications and your responses help us to improve our products, services, content, and advertising.
• We also use personal information to help us develop, deliver, improve, and customize our software, products, services, content, and advertising and to provide a better user experience for every user of our software, products, and services.
• Important Communications: We may use your personal information to send important communications, e.g., about your purchases of or access to software, products, or services, material changes to our EULA, terms, conditions, and policies (including this Privacy Policy), critical updates to software products, or services, or changes (including regulatory changes) that impact your use of Team Member Trainer software, products, or services. Because this information is vital to your interaction with Team Member Trainer, you may NOT opt out of receiving these communications if you wish to continue to use the Sites, or any software, products, or services offered in connection with the Sites.
• We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Team Member Trainer’s software, products, services, communications, support and/or help functions, and user interfaces.
• If you enter into a promotion such as a contest, a giveaway, a one-time or special offer, or similar promotion, we may use the information you provide to administer those programs.
• If we become involved in a legal process as a result of your actions on the Sites, or in connection with any software, products, or services offered via the Sites, we may be required to disclose your PII or PIFI to a government authority, or a third party who e.g., issues a subpoena that require us to provide it. Our response(s) to any such legal process will be handled on a case-by-case basis following the advice of our attorneys.

GDPR Perspective

 

CONSENT: Team Member Trainer will continue to respect and value privacy in the age of GDPR regulations. To the extent commercially practicable, and in accordance with legal or regulatory requirements we obtain your clear, informed consent before collecting your personal data. We will also always work to balance obtaining clear consent with providing useful and powerful platforms and convenient and graceful user interfaces.

 

 

B. Collection of Non-Personal Information

 

Information of a type or in a form that does not permit direct identification of or association with any specific individual is ‘non-personal information.’ Combinations of personal and non-personal information are considered personal information if the combined information can be used to identify or contact any specific individual(s). Aggregated data is considered non-personal information for the purposes of this Privacy Policy as long as it cannot be used to identify or contact any specific individual. Internet Protocol (IP) addresses and certain other identifiers may be considered personal information under various local laws; we endeavor to comply with the laws and regulations that are applicable to us.

 

How we collect and use your non-personal information

 

We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

• We may collect non-personal information (e.g. demographic information) regarding our customers collectively including information such as age, gender, occupation, preferred language, zip code, area code, geographic location, or the time zone from which customers access the Sites, products, or services. Such non-personal information is used so that we can better understand who our customers are, and their behavior generally with regards the Sites, and to improve our software, products, services, communications, support, help, user experiences, and advertising for our customers.
• We also may collect non-personal information regarding customer activities on the Sites or use of the Team Member Trainer software, products, and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of the Sites, or our software, products, and services are of most interest or which can be improved. Non-personal support or help request data may be used to improve our software or the Sites, communications, and user interfaces, or to allow us to provide additional product or service offerings to our present or future customers.
• We may collect non-personal information regarding the digital footprints of our customers with respect to accessing the Sites, or any related software, products, or services including mobile and non-mobile access, specific types of devices being used, unique device IDs, type of browser(s) being used, networks that our customers use, and other non-personal information. This information may be used to improve the Sites, software, products, or services including but not limited to their performance, functionality, design, or responsiveness.

 

C. Cookies and Other Technologies

 

To help Team Member Trainer serve you better, we use technological means to better understand and adapt to user behavior. To accomplish this, the Sites, as well as our online software and services, email messages, and advertisements may use cookies or related technology such as pixel tags, clear gifs, and web beacons. These technologies help us to know which parts of the Sites people have visited, and provide data to aid us in understanding the effectiveness of the software services, our advertisements, and web searches. These data are used to improve our software, products, services, communications, and advertisements. We generally consider such information collected through the use of cookies and other technologies as non-personal information, and treat it accordingly.

 

We also use cookies and other technologies to remember personal information when you use the Sites, software, products, or services. These uses are intended to improve your personal experience. For example, we can provide better and more personal results if we ‘remember’ your preferred settings, your name, and such.

 

Team Member Trainer may use cookies or other technologies in connection with certain advertising services to determine your experience with our content including whether an ad is likely to be of interest to you, whether or not you are served a particular ad, and the number of times you are served a particular ad. These technologies allow us to measure the effectiveness of our ad campaigns. You may have options for opting out of such targeted ads. You should contact your service provider or your mobile provider to inquire about how to do so.

 

Team Member Trainer also uses specific technologies in connection with certain communications such as emails that may be used to track actions by recipients. For example, these communications may include one or more clickable text or graphics that include URLs that link to content on the Sites. However, these URLs, may pass through a web server that tracks the click before arriving at the linked content on the Sites. The tracked data can help Team Member Trainer determine the effectiveness of our communications to users and customers, or to gage interest in specific topics. If you prefer not to have your responses to such communications tracked in this manner, do not click links in the email messages. Such communications may also include pixel tags that can tell us whether e.g. an email has been opened. We may use this information to throttle the number of messages sent to users or customers, or to remove people who do not read or interact with our communications from one or more lists.

 

We also use cookies to track certain behaviors of unknown visitors on our site. E.g. if you visit our site by following a link in an email from a third party or in an advertisement from such a party, we may track that behavior. In such cases, we may not have any personally identifying information about you at that time; however, if you later sign up for a product or service, or make a purchase, we may be able to associate your past behaviors on our sites with you thereafter.

 

Cookies and other technologies can generally be controlled on your devices. If you want to disable cookies and you should review your privacy or security settings. Please note that certain features of the Sites or related software, products, or services may not be available if you have cookies disabled on your device. We will typically try to warn you that a page or feature you are trying to reach will not function without cookies enabled. If you have your cookies on your device or browser disabled and are having difficulties you may wish to enable them to see if the problem is resolved.

 

Finally, it's worth mentioning that some of these cookies are essential to the operational functioning of the platform, such as for example those related to the transactional checkout process. Some others, while improving the user experience and feature scope of the platform, are not strictly required to utilize our services such as for example certain tracking cookies.

 

 

D. Log Files

 

As part of standard protocols, Team Member Trainer’s servers automatically gather certain information and store it in log files. This information may include date/time stamp of access, Internet Protocol (IP) address(es), device type, operating system, browser and version, language, log-in details, Internet Service Provider (ISP), referring page, exit page, and other data.

 

These log files are useful for a number of purposes including helping Team Member Trainer to maintain security, measure relative usage, understand and analyze trends regarding users, server access, load, or server problems, more effectively and efficiently administer the Sites, as well as related software, products, services, or communications, and gather non-personal demographic information about our users. Consistent with the provisions of this Privacy Policy, Team Member Trainer may use the data in its Log Files in a variety ways useful to its business or to provide better experiences for its users and customers.

 

 

E. Social Media

 

Team Member Trainer may collect certain information from you if you interact with us via social media such as Facebook, Twitter, LinkedIn, Google+, Pinterest, Snapchat, Instagram, and other such services. For example, you may be given the option to register for webinars, take advantage of special offers, receive mailings, newsletters or the like, via your social media account. The information we receive or collect from such social media, and our ability to collect it, may depend on the social media site, its policies, and its requirements or its technology. We may collect the information you provide from these social media interactions and may use it for various purposes to improve our services or your experience, or to contact you regarding the reason you connected with us or with additional offers in the future. Of course, you have the opportunity to opt-out at any time provided we do not require a means of contacting you to fulfill your request.

 

 

F. Children

 

Protecting children's privacy is important to Team Member Trainer. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our website use to persons eighteen years or older. Therefore, we do not knowingly collect personal information from children under 18. If we learn that Team Member Trainer has inadvertently collected or received the personal information of a child under 18 we will take steps to delete the information.

 

[PLEASE NOTE: You must be 18 or older to use the Sites, and to purchase the software, products, or services offered via the Sites without an adult (parent or guardian).]

 

DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE, NO INFORMATION OBTAINED VIA THIS WEBSITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IT IS NOT MONITORED AS DOING SO.

 

Notwithstanding the foregoing, if we discover or form a reasonable belief that we have received any information from a child under 18 in violation of this policy, we will delete that information. If you believe Team Member Trainer has any information from a child under age 18, please contact us at the following address:

• Mail: Team Member Trainer, Inc 4309 S Louise Ave, Souix Falls, SD 57106 USA
• Email: support@teammembertrainer.com

 

 

Disclosure to Third Parties

 

At times Team Member Trainer may make certain personal information available to strategic partners that work with us to provide software, products and services, or that help us service our customers. Personal information will only be shared by Team Member Trainer to provide or improve the Sites, and our software, products, services, and advertising.

 

A. Service Providers

 

To provide its various products or services, Team Member Trainer works with third party providers, who may be located wherever Team Member Trainer operates, or in any other location. Such companies provide services to Team Member Trainer. Examples may include information processing, emailing services, server hosting, transaction processing and banking services, video hosting, product/service delivery, communications, managing and enhancing customer data, providing technical support and/or customer service, and conducting customer research or satisfaction surveys. At any given time, Team Member Trainer may work with one or more such provider. We will only provide personal information to these companies where required for them to provide their services, or to improve our products or services for our customers. These companies are contractually obligated to protect your information.

 

B. Others

 

Team Member Trainer will not share PII with third parties for their marketing purposes. In some cases, Team Member Trainer may be required by legal process to disclose your personal information. Such disclosure may be compelled by applicable law, regulation, judicial order, and/or lawful requests from local authorities. Team Member Trainer may also disclose information about you if we determine, in our sole discretion, that disclosure is necessary or appropriate to ensure the safety of any individual(s), or for purposes of national security, law enforcement, or other issues of public importance.

 

If the Sites and/or software, products, or services, or Team Member Trainer Inc becomes the subject of a reorganization under the bankruptcy law, a merger, a sale, or other change in control, any and all personal information in Team Member Trainer’s control will be transferred to the trustee, debtor in possession, successor, acquirer, or such other third party as will control Team Member Trainer, the Sites, and/or software, products, or services thereafter.

 

We reserve the right to disclose personal information if we reasonably believe that disclosure is necessary to protect our users, customers, or the public, prevent fraud or financial wrongdoing, or in any action to enforce our End User License Agreement, Terms and Conditions, or other policies regarding Team Member Trainer.

 

GDPR Perspective

 

DISCLOSURE and USE: Team Member Trainer will let users know to whom we are disclosing personal information, and how it is being used. Of course, you should already know that we only use personal information to provide the services that you want. We are in the business of providing industry-leading software platforms and will continue to do just that.

 

 

Personal Information Protection

 

Team Member Trainer uses commercially reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access of personal information to our employees, contractors, and/or agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. Team Member Trainer and its third party providers use Secure Sockets Layer (SSL) encryption on all web pages where personal information, including financial information is transmitted.

 

You are solely responsible for any personal information you choose to submit on non-secure sites including but not limited any discussion forums or public comment threads on the Sites, or any social media sites, groups, or threads related to the Sites or the related software, products, or services.

 

 

Access to Your Personal Information

 

Team Member Trainer software customers should periodically log in to review your name, contact information and other readily available personal information, and to ensure they are accurate, complete, and up to date. You can make changes to your information. Changes to your personal details and particulars should be made through the software. KARTRA users should verify that their financial information in their account is accurate, complete, and up to date, particular checking the accuracy of any changes you make.

 

You can request access to any personal information we have for you. We will make a good faith effort to provide you with access to reasonably accessible information. You can request that we correct the data if it is inaccurate or delete your personal data. Team Member Trainer will comply with such requests if they are reasonable and we will delete your data if Team Member Trainer is not required to retain it by law, and does not require it for legitimate business purposes. We may reserve the right to refuse deletion requests that we believe require undue time, or technical effort, or where not provided by local law. We also reserve the right to deny or delay requests where the personal information is scheduled to be deleted as part of any upcoming purge of data that is not being retained. Requests for access, correction, or deletion can be submitted to support@teammembertrainer.com

 

GDPR Perspective

 

The RIGHT to KNOW and the RIGHT to BE FORGOTTEN: The GDPR gives you these rights and Team Member Trainer has worked to provide state of the art tools to enable every user to know what we know, and to ask us to ‘forget’ them. Of course, we think it would be foolish since you would no longer be able to use our amazing software platforms, but the GDPR gives you that right as well.

 

Links to Third-Party Sites

 

The Sites, software, products, services, and communications may contain links to third-party websites, products, or services. Information collected by third parties is governed by their privacy practices, not this Privacy Policy. Please be aware when you leave the Sites and understand that you are subject to a third party’s privacy policy except when you are on the Sites, or using Team Member Trainer’s related software, products, or services.

 

 

EUROPEAN UNION Users: The GDPR

 

On or before May 25th, 2018 Team Member Trainer will be a fully compliant Processor of Personal Data under the GDPR. If you have any questions about your ability to use our software platforms in the EU or with regard to your EU customer’s data, feel free to contact our Data Protection Officer, Sean Morton [support@teammembertrainer.com] to discuss, or request a copy of our Data Processing Addendum to our EULA.

You can also see our general statements regarding the GDPR and our compliance here:

 

Changes to this Privacy Policy and Privacy Questions

 

If you have any questions or concerns about this Privacy Policy please email us at support@teammembertrainer.com

This Privacy Policy is subject to change from time to time at Team Member Trainer’s sole discretion. Please check this page periodically for changes. Any such changes to the Privacy Policy will be available on this page. If the policy has been changed in a material way, a notice will be posted on our website along with a link to the updated Privacy Policy. Your continued use of our site following the posting of changes to these terms will mean you accept the changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

We will also archive prior versions of this Privacy Policy and make those versions available for your review.

 

Notice of Compliance to California Residents

 

Your California Privacy Rights Under The California Online Privacy Protection Act and the California Business and Professions Code

 

This privacy policy identifies the categories of personally identifiable information that our company collects through our website or online services about individual consumers who use or visit Team Member Trainer's commercial websites or online services in connection with SPEED Training Workshop, EverWebinar, and WebinarJam (including but not limited to speedtrainingworkshop.com, everwebinar.com and webinarjam.com) (collectively “the Sites”) and the categories of third-party persons or entities with whom our company may share that personally identifiable information.

 

Team Member Trainer does not maintain an online process for an individual consumer who uses or visits our commercial website or online service to review and request changes to any of his or her personally identifiable information that is collected through our website or online service.

 

See the section above titled "Changes To This Privacy Policy" for a description of the process by which our company notifies consumers who use or visit our commercial website or online service of material changes to our company's privacy policy for this website or online service.

 

The effective date of this Privacy Policy is listed at the end of this privacy policy under the heading, "Last Updated."

 

For the purposes of this policy and California compliance the following definitions apply:

 

Depending on your activity on our website or online service, the following "personally identifiable information" may be collected, in addition to what is in prior sections of this document.

 

The term "personally identifiable information" means individually identifiable information about an individual consumer collected online via the Sites from an individual and maintained by us in an accessible form and may include any of the following:

1. A first and last name;
2. A home or other physical address, including street name and name of a city or town;
3. An e-mail address;
4. A telephone number;
5. Any other identifier that permits the physical or online contacting of a specific individual; and
6. Information concerning a user that the Sites collect online, from the user, and which is maintained in personally identifiable form, in combination with an identifier described within this Privacy Policy.

Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to support@teammembertrainer.com and please include the phrase "California Privacy Request" in the subject line, the domain name of the website you are inquiring about, along with your name, address and e-mail address. We will respond to you within thirty (30) days of receiving such a request.

 

 

"Cookies" and How We Use Them

 

A "cookie" is a small data file that can be placed on your hard drive when you visit certain websites. The Sites may use cookies to collect, store, and sometimes track information for purposes stated earlier as well as for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. We may also use cookies for purposes of personalizing your experience on the Sites, or for providing online behavioral advertising such a retargeting or remarketing. These uses provide you with additional opportunities to take advantage of our services or products, and provide us with additional opportunities to reach you with personalized offers more tailored to your interests. Advertisers and partners may also use their own cookies (e.g. on their own sites). Team Member Trainer does not control any third party’s use of such cookies and we expressly disclaim responsibility for information collected by or through them.

 

Public Areas & Social Media: Any information you disclose in any public areas of our website or the Internet, including via social media becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

This Privacy Policy does not create any contractual or other legal rights in or on behalf of Team Member Trainer or any other party and is not intended to create any such rights.

 

Questions about this Privacy Policy may be directed to us in writing at:

• Mail: Team Member Trainer, LLC 4309 S Louise Ave, Souix Falls, SD 57106 USA Email: support@teammembertrainer.com

 

LAST UPDATED: April 26, 2021

 

1. Agent Generally Agrees as follows:

a. The Training Materials (defined below) are the sole and exclusive property of Presenter or its licensors, and Agent will not allow the Training Materials or any portion thereof, to be used except by its employees and only while attending the training;      

b. Agent shall not cause or allow its employees to copy or cause to be copied or reproduced in any way, form, or manner, electronic or otherwise, any of the Training Materials or portion thereof;

c. Agent shall not cause or allow its employees to, directly or indirectly, distribute, make available, publicly display, publicly perform, create derivative works from the Training Materials or portion thereof in any form or manner, including online;

d. Neither Agent nor its employees are permitted to record any of the provided training in any audio, video or other formats. No photography, video taping, filming, audio recording, or the like is permitted.

2. Cost and Charges

The charge of $99 per month, with the first month charged at the time of sign-up and the balance charged on the first day of each subsequent month, in advance. By signing up for training and providing your credit card number, you authorize Presenter to make charges of $99 with and no refunds available. In the event your credit card on file is discontinued for any reason, You agree you will provide Presenter with an updated card prior to the first day of the following month.

1. The cost of the virtual training program is $99 per month.

3. Cancellation.

Your membership may not be cancelled except by giving written notice to Presenter at the address below at least 30 days in advance of the end of the billing cycle. Failure to timely provide written notice will result in your membership being renewed at the then-current pricing, and in such event you specifically authorize Presenter to charge the credit card on file.

4. Your Participation May be Recorded.

By participating in the training, you understand that portions of the training may be recorded in video and audio and/or captured in still and/or digital photographs. You hereby grant Presenter and its affiliates and assigns the right and permission to use in perpetuity your name, likeness, photographic images, voice, and/or testimonial(s), in any manner and in any media, throughout the world, at any time, for the purpose of advertising and publicizing Presenter’s products and services. Presenter owns all rights, title and interest, including intellectual property rights, in any audio, video, and/or photograph captured during the training. Presenter reserves the right to use any such photographs and video and/or audio recordings in any media, in perpetuity, without any compensation or prior review unless specifically prohibited by law, including without limitation on its website and social media pages.

5. Intellectual Property Rights.

You acknowledge that (i) anyone attending the training may receive and/or have access to certain materials, information, data, methodologies, and other creative output (collectively, “Content”), and (ii) this Content is owned by Presenter, its employees, licensors, representatives, business associates, advertisers, directors, agents, consultants, mentors, lecturers, and independent contractors participating in the training (collectively referred to as “Contributors”). You acknowledge that Presenter, and other Contributors own all right, title and interest, including intellectual property rights, in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere attendance or registration for the training. You accept full responsibility and liability for your use of any Content in violation of any such rights. You also acknowledge that Presenter is not responsible for any misuse of Content by third parties.

6. Program Materials.

You also agree that all the materials displayed or distributed during the training, or provided to you or which you may have access to in conjunction with the training, including without limitation: class handouts, teaching materials, presentations, audio and video material or stills from audiovisual material, graphics, slides, drawings, pictures, characters, animations, text, and data, and all intellectual property rights therein (such as copyrights and trademarks) (collectively & “the Training Materials”) are the sole and exclusive property of Presenter or its Contributors. The Training Materials shall remain at all times the property of Presenter and/or of the Contributors. You shall not cause or allow Your employees to copy, distribute, make available, display, publish, perform or create derivative works from (by electronic means or in any other way) the Training Materials or Content without prior written permission from an authorized agent of Presenter. This includes forwarding or commercially exploiting the Training Materials or content. Neither this Agreement nor Presenter’s disclosure or display of the Training Materials or Content shall be deemed, by implication or otherwise, to grant you any licensed interest or property right in, under or to any of the Training Materials or Content and any intellectual property rights therein.

7. Waiver and Release From Liability.

a.            You, on behalf of yourself and your assigns and heirs, devisees and estate (collectively & “Successors”), hereby unconditionally and forever release, discharge and agree to hold harmless Presenter, and its affiliates, assigns and subsidiaries, along with each of its officers, directors, employees, volunteers, agents and contractors (collectively, & “Released Parties”), from any and all claims, judgments, costs, damages, losses, expenses and liabilities (whether arising under a theory of contract, warranty, tort, strict liability, product liability or any other theory), relating to any claim you may now or hereafter have with respect to any death, personal injury, property damages, pecuniary loss or other loss, damage cost or expense (collectively & “Harm”) that may be suffered by you or any third party as a result of, or in connection with, the training, or any portion thereof, even if such harm is caused in part by the recklessness, negligence, or fault of one or more Released Parties.

b.            You specifically understand and agree that this Release will prevent you and your successor(s) from bringing a lawsuit, claim or other action against any Released Party and from recovering any money damages or other legal relief from any Released Party in connection with any of the claims released above.

 

8. Indemnification.

You agree to, and shall, indemnify, defend, and hold harmless Presenter and its parent company, affiliates, subsidiaries, divisions, officers, directors, employees, representatives, agents, contractors, assigns and successors-in-interest (collectively “Releasees”) from and against any claim, demand, damage, cost or other expense (including reasonable attorney fees) asserted by any third party due to, arising out of, or in any way related to, any violation by You of this Agreement.

 

EVENT ENROLLMENT AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU “REGISTRANT” or “YOU”) AND Team Member Trainer, Inc. (“PRESENTER”). By registering for and attending this event, you are agreeing to be legally bound by all of the terms and conditions of this Enrollment Agreement (the “Agreement”).

 

1. Registrant Generally Agrees as follows:

a. The Program Materials are the sole and exclusive property of Presenter or its licensors, and Registrant will use the Program Materials or any portion thereof, only for his or her own personal educational purposes;

b. Registrant shall not copy or cause to be copied or reproduced in any way, form, or manner, electronic or otherwise, any of the Program Materials or portion thereof;

c. Registrant shall not, directly or indirectly, distribute, make available, publicly display, publicly perform, create derivative works from the Program Materials or portion thereof in any form or manner, including online;

d. Registrant is not permitted to record any of the Event in any audio, video or other formats. No photography, videotaping, filming, audio recording, or the like is permitted.

2. Change or Cancellation.

The Event is subject to change or cancellation, for any reason. Presenter reserves the right to change the published agenda for the Event, including changes to scheduled times and speakers, without notice.

3. Your Participation May be Recorded. By participating in the Event, you understand that portions of the Event may be recorded in video and audio and/or captured in still and/or digital photographs. You hereby grant Presenter and its affiliates and assigns the right and permission to use in perpetuity your name, likeness, photographic images, voice, and/or testimonial(s), in any manner and in any media, throughout the world, at any time, for the purpose of advertising and publicizing Presenter’s products and services. Presenter owns all rights, title and interest, including intellectual property rights, in any audio, video, and/or photograph captured during the Event. Presenter reserves the right to use any such photographs and video and/or audio recordings in any media, in perpetuity, without any compensation or prior review unless specifically prohibited by law, including without limitation on its website and social media pages.

4. Intellectual Property Rights.

You acknowledge that: (i) by attending the Event you may receive and/or have access to certain materials, information, data, methodologies, and other creative output (collectively,  “Content”), and (ii) this Content is owned by Presenter, its employees, licensors, representatives, business associates, advertisers, directors, agents, consultants, mentors, lecturers, and independent contractors participating in the Event (collectively referred to as “Contributors”). You acknowledge that Presenter, and other Contributors own all right, title and interest, including intellectual property rights, in their respective Content under copyright and other applicable laws and treaty provisions, and that except as described in this Agreement, such rights are not licensed or otherwise transferred by mere attendance or registration for the Event. You accept full responsibility and liability for your use of any Content in violation of any such rights. You also acknowledge that Presenter is not responsible for any misuse of Content by third parties.

5. Program Materials.

You also agree that all the materials displayed or distributed during the Event, or provided to you or which you may have access to in conjunction with the Event, including without limitation: class handouts, teaching materials, presentations, audio and video material or stills from audiovisual material, graphics, slides, drawings, pictures, characters, animations, text, and data, and all intellectual property rights therein (such as copyrights and trademarks) (collectively “the Program Materials”) are the sole and exclusive property of Presenter or its Contributors. The Program Materials shall remain at all times the property of Presenter and/or of the Contributors. You shall not copy, distribute, make available, display, publish, perform or create derivative works from (by electronic means or in any other way) the Program Materials or Content without prior written permission from an authorized agent of Presenter. This includes forwarding or commercially exploiting the Program Materials or content. Neither this Agreement nor Presenter’s disclosure or display of the Program Materials or Content shall be deemed, by implication or otherwise, to grant you any licensed interest or property right in, under or to any of the Program Materials or Content and any intellectual property rights therein.

6. Acknowledgment of Risk; Waiver and Release From Liability.

a. You acknowledge that any participation in the Event is solely at your own risk. You hereby consent to voluntarily participating in the Event offered by Presenter. You certify that you have full knowledge of the nature and extent of the risks inherent in any educational event, including injury, illness or death, and that you are voluntarily assuming these risks. You understand that the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death.

b. You, on behalf of yourself and your assigns and heirs, devisees and estate (collectively “Successors”), hereby unconditionally and forever release, discharge and agree to hold harmless Presenter, and its affiliates, assigns and subsidiaries, along with each of its officers, directors, employees, volunteers, agents and contractors (collectively, “Released Parties”), from any and all claims, judgments, costs, damages, losses, expenses and liabilities (whether arising under a theory of contract, warranty, tort, strict liability, product liability or any other theory), relating to any claim you may now or hereafter have with respect to any death, personal injury, property damages, pecuniary loss or other loss, damage cost or expense (collectively “Harm”) that may be suffered by you or any third party as a

result of, or in connection with, the Event, or any portion thereof, even if such harm is caused solely by the recklessness, negligence, or fault of one or more Released Parties.

c.  You specifically understand and agree that this Release will prevent you and your successor(s) from bringing a lawsuit, claim or other action against any Released Party and from recovering any money damages or other legal relief from any Released Party in connection with any of the claims released above.

7. Indemnification. You agree to, and shall, indemnify, defend, and hold harmless Presenter and its parent company, affiliates, subsidiaries, divisions, officers, directors, employees, representatives, agents, contractors, assigns and successors-in-interest (collectively “Releasees”) from and against any claim, demand, damage, cost or other expense (including reasonable attorney fees) asserted by any third party due to, arising out of, or in any way related to, any violation by you of this Agreement.