Terms and Conditions
Last Modified October 8, 2020
2. Contract between You and AD
3. Collection of Visitor Information on the Sites
Any information collected at the Sites is governed by our Privacy, unless otherwise stated. If you choose to access and use certain services available through the Sites, you may be required to register with Treehouse through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.
All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of Treehouse or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of Treehouse and protected by U.S. and international copyright laws. Treehouse grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited without written permission from Treehouse.
The trademarks, service marks, trade dress, and "look and feel" (the "Trademarks") used and displayed on the Sites are registered and unregistered Trademarks of Treehouse and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the owner of the Trademark. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.
6. Other Intellectual Property
All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including, without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of Treehouse. Any use of these rights without the prior written permission of Treehouse is strictly prohibited. You may not: circumvent or disable any content protection system or digital rights management technology used with any portion of the Sites; decompile, reverse engineer, disassemble or otherwise reduce any portion of the Sites to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any portion of the Sites in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any portion of the Sites in violation of United States export control and economic sanctions requirements or any other law.
Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to products, services, pricing, locations, descriptions, directions, information and other matters. Treehouse reserves the right to correct any errors, inaccuracies or omissions and to discontinue, change or update information at any time without prior notice. Please do not hesitate to contact us at email@example.com to confirm any information.
8. Sweepstakes or Contests
9. Disclaimer of Warranties
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER TREEHOUSE, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
To the fullest extent permitted by law, under no circumstances whatsoever shall Treehouse’s aggregate liability resulting from or relating to your use of a Site exceed Five Dollars ($5.00).
11. Prohibited Activities and Visitor Obligations
As a visitor or user of a Site you shall not:
- Violate any applicable law or regulation;
- Upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
- Impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- Engage in any activities or manipulate identifying material to misrepresent the origin of content;
- Post any content that is subject to any disclosure restrictions;
- Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
- Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Use the Sites to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
- Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- Interfere with or otherwise limit the use of a Site by other users, or collect, compile, or store personal information about other users of a Site;
- Disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through a Site or any affiliated or linked sites;
- Disrupt or interfere with the security of, or otherwise cause harm to, a Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through a Site or any affiliated or linked sites;
- Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on a Site or the content contained therein without Treehouse’s prior, express, and written permission; or
- Use a Site for commercial purposes.
12. User Content
Although Treehouse has no obligation to screen, edit or monitor any of the User Content or your conduct on the Sites, Treehouse reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor your conduct on the Sites at any time and for any reason without notice. Your User Content may be available on the Sites for a limited period of time, as determined by Treehouse in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
14. Links to Other Websites
16. Continued Operation, Accessibility, and Maintenance of the Sites
Treehouse may modify, change, suspend, terminate or discontinue the operation of the Sites or the provision of any services without notice and Treehouse reserves the right to refuse service to anyone at any time, with or without cause.
17. Third Party Providers of Functionality on the Sites; Access via Mobile Devices
If you access a Site using an Apple iOS, Android or Microsoft Windows-powered device, respectively, You agree that your access to the Site using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service, which we encourage you to review. Those third parties, while not a party to this Agreement, are a third party beneficiary of this Agreement, and stand in our shoes to enforce any violation by you of this Agreement.
Further, when you access the Sites through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Treehouse services may be prohibited or restricted by your network provider and not all Treehouse and/or Site services may work with your network provider or device.
18. Web Chat
Treehouse may provide functionality on a Site that allows you to chat with Treehouse representatives via our Site (“Web Chat”). The Web Chat functionality may be provided, in whole or in part, by a third party service provider (please see the preceding section in this regard). Your Web Chat with Treehouse shall not in any respect whatsoever modify any warranties, disclaimers, limitations, or obligations of Treehouse. You agree that you are solely responsible for your use of Web Chat, and that you use Web Chat at your own risk.
19. Your Account
If you are a registered user of a Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, including taking reasonable steps to maintain the confidentiality of your username and password. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or any portion of the Site. Treehouse reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.
20. Payment; Pricing and Taxes
You authorize Treehouse and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to Treehouse are nonrefundable; and tickets are not transferable. See your tickets for further information and restrictions. Treehouse may from time to time revise the pricing for products and services offered through the Sites. All purchases include applicable sales tax.
21. General Provisions
22. GOVERNING LAW AND VENUE FOR DISPUTES.
Any and all questions, comments, ideas, suggestions, and other materials or information that you send or submit to Treehouse or a third party provider on a Site, by a Post or otherwise (collectively, "Submissions"), shall become Treehouse’s property; and you hereby transfer, sell, and assign to Treehouse all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant Treehouse an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and publicly perform such Submission throughout the universe in any media, now known or hereafter devised. You agree that all Submissions, whether or not solicited by us, are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type. Treehouse shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
24. Aggregated Data
You hereby grant Treehouse and its licensors a non-exclusive, perpetual, irrevocable, fully-paid-up, royalty free license to use data derived from Your use of the Services (the "Aggregated Data") for Treehouse’s business purposes and the business purposes of Treehouse’s licensors. Aggregated Data does not include (directly or by inference) any information identifying You or any other identifiable individual. You further grant Treehouse and its licensors the right to (i) use the Aggregated Data in any aggregate or statistical products or reports, (ii) disclose Aggregated Data in a summary report that does not show, display or indicate customer specific or customer identifying information, and (iii) use the Aggregated Data (without personally identifiable information) to compare with other organizations within the same industry or group. The Aggregated Data is not "personal information".
25. Claims of Copyright Infringement.
Notifications of claimed copyright infringement and counter notices must be sent to Treehouse’s designated agent:
Treehouse General Counsel
1 Meadowlands Plaza
East Rutherford, NJ, 07073
Treehouse will respond to properly submitted claims reported to the above Designated Copyright Agent, in accordance with the U.S. Digital Millennium Copyright Act of 1998 ("DMCA") or, as applicable, other laws. Your notice must include the required information set forth in the DMCA. Specifically, your notice must include:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.