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Welcome

Thank you for choosing to visit our web site. The Iron Yard, Inc. (“TIY (collectively “we”, “our” or “us”). These web site Terms and Conditions of Use ("Terms of Use") apply to your access to, and use of, this and other websites operated by or exclusively for TIY regardless of domain name or IP address (collectively "Site" or "Sites") and features and applications accessible through, or in connection with, the Sites (collectively the "Services").

Certain Services may be subject to additional terms and conditions (collectively "Additional Terms") as may be set forth in these Terms of Use, on the Sites, or in connection with your use of such Services, and your use of such Services constitutes your agreement to all applicable Additional Terms and such Additional Terms are hereby incorporated by reference into these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITES OR THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITES. ACCORDINGLY, BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITES OR THE SERVICES.

Modifications to Terms of Use

We reserve the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Sites, at any time and in our sole discretion. If we change or modify these Terms of Use, We will post the changes to these Terms of Use on the Sites and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting of the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the Sites or the Services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Sites and the Services.

IT Bootcamps Limited (referred to herein as “TIY-UK”, “we”, “our” and “us”) is a UK company with registration number 9521491 trading under the ‘The Iron Yard’ brand which is owned by TIY Academy, LLC. (“TIY”). TIY-UK is a subsidiary of TIY.

We work with employers, course providers and subject matter experts to offer a range of education and career development related, courses, programs products and services (the “Services”). We may collect information from individuals (also referred to herein as “you”, “user(s)”) who wish to learn about and/or use our Services.

This Cookies Policy (“Policy”) sets out how we use cookies and other similar technologies to collect information about the way you use www.ironyard.co.uk and/or other digital platforms, applications and features provided by us including social media websites (the “Sites”).

Certain of our other websites and Services may be subject to additional cookies policies (known collectively as"Additional Policies"). In the event of an inconsistency between this Policy and an Additional Policy, the Additional Policy will prevail.

What are cookies?

Cookies are small, often encrypted, text files that are used by websites to perform certain functions.

How do we use cookies?

Information supplied to us using cookies helps us to analyze the profile of our visitors and provide you with a better online experience.

We use cookies to track how you use our Sites by providing usage statistics. Cookies are also used to serve ads to you based upon your browsing history and previous visits to the Sites.

Whilst this information on its own does not usually constitute your Personal Information (see our Privacy Policy for definition and further information), we may combine the information we collect by cookies with Personal Information that we have collected from you in order to learn more about how you use our Sites and to improve our Services.

A full list of cookies and how we use them can be found below in the section Cookies used by us.

How to control and delete cookies?

Cookies can be controlled, blocked or restricted through your browser settings. Information on how to do this can be found within the Help section of your browser. All cookies are browser specific. Therefore, if you use multiple browsers or devices to access websites, you will need to manage your cookie preferences across all of these elements.

There are also several online resources that can give you more information on cookies and how you can control them within a variety of different web browsers. You can visit either http://www.aboutcookies.org or http://www.allaboutcookies.org for more information.

If you are using a mobile device to access the Sites, you will need to refer to your handset instruction manual or other help/settings resource in order to find out how you can control cookies on your particular device.

Please note: if you restrict cookies, you may experience a loss of functionality while on the Sites.

Cookies used by us

We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device until you delete them).

We have grouped our cookies into the following categories, to make it easier for you to understand why we need them:

  • Strictly Necessary: these cookies are strictly necessary for the Sites to work properly. They are needed to allow you to move around the Sites and use our features.
  • Functionality: these cookies enable technical performance of our Sites and allow us to ‘ remember’ the choices you make and your preferences.
  • Performance/Analytical: these cookies allow us to collect certain information about how you navigate the Sites. They help us to understand which parts of our Sites are interesting to you and which are not as well as what we can do to improve them.
  • Targeting/Advertising: these cookies are used to deliver adverts relevant to an identified machine or other device (not a named or otherwise identifiable person) which are tailored to interests associated with the website activity tied to that machine or device. For example, if a cookie on a third party website recognizes that a particular product was purchased from a particular device, that cookie may ‘talk to’ marketing cookies on our Sites to ensure advertisements about similar products displayed on our Sites are accessible from that device. These cookies are also used to limit the number of times a user sees an advertisement as well as to help measure the effectiveness of an advertising campaign. They may also remember that the Site has been visited from a device and share that information with marketing organizations. The marketing cookies on our Sites are operated by third parties with our permission. Marketing cookies are used to monitor from which advertising source a user was directed towards our Sites so that we know whether it is worth us investing in that particular advertising source.

Signal

  • Cookie Name: btpdb.yPZOW5q.*
  • Cookie Type and Category: Persistent Strictly necessary Targeting/Advertising Functionality
  • Purpose: Stores page data for persistent data binding.

Google Analytics

  • Cookie Name: _ga
  • Cookie Type and Category: Persistent Performance/Analytical Targeting/Advertising
  • Purpose: This cookie is typically written to the browser upon the first visit to our site from that web browser. If you delete the cookie, and the browser subsequently visits our site, a new __utma cookie is written with a different unique ID. This cookie is used to determine unique visitors to our site and it is updated with each page view. Additionally, this cookie is provided with a unique ID that Google Analytics uses to ensure both the validity and accessibility of the cookie as an extra security measure. For further information, please see “How Google uses data when you use our partners' sites or apps” located at www.google.com/policies/privacy/partners/

Google Analytics

  • Cookie Name: _gat
  • Cookie Type and Category: Session Performance/Analytical Targeting/Advertising
  • Purpose: This cookie is used to establish and continue a user session with our site. When a user views a page, the Google Analytics code attempts to update this cookie. If it does not find the cookie, a new one is written and a new session is established. Each time a user visits a different page, this cookie is updated to expire in 10 minutes, thus continuing a single session for as long as user activity continues within 30-minute intervals. This cookie expires when a user pauses on a page for longer than 10 minutes. For further information, please see “How Google uses data when you use our partners' sites or apps” located at www.google.com/policies/privacy/partners/

Tomcat

  • Cookie Name: JSESSIONID
  • Cookie Type and Category: Session
  • Purpose: Generated by web-server and used for session management.

Cookies set by third party sites

To enhance our content and to deliver a more enriching online experience for our users, we sometimes embed images and videos from other websites on the Sites.

We currently use and may in future use content from sites such as YouTube, Flickr, Facebook, LinkedIn and Twitter. You may be presented with cookies from these third party websites. Please note that we do not control the dissemination of these cookies and you should consult the relevant third party website for information on how these cookies are used and how you can control them.

Social Sharing

We may also embed social sharing icons throughout our websites. These sharing options are designed to enable users to easily share our content with their friends using a variety of different social networks. These social sharing sites may set a cookie when you are logged into their service. Please note that we do not control the dissemination of these cookies and you should consult the relevant third party website for information on how these cookies are used and how you can control them.

Updates to this policy

This Policy may be updated regularly as and when new cookies are implemented, or existing cookies removed. If necessary, we will draw the changes to your attention when you next visit the Sites.

We may also update this Policy based upon cookie best practices and both UK and EU legal requirements.

You are encouraged to check back here in order to keep up-to-date with the latest version of this Policy.

Privacy Policy

Scope of Privacy Policy

This policy applies to website visitors and any other user of services offered through TIY Academy, LLC. (“TIY”).

We work with employers, course providers and subject matter experts to offer technologies and informational services. We collect information from users interested in particular careers and jobs, helps those users explore career and educational opportunities, and provides tools for users to find and quickly assess courses that may be a good match their career interests. We are committed to protecting your privacy and we want you to know what Information we collect, how we use that Information, and how you can request that this Information be updated or corrected.

We've summarized the key elements of our Privacy Policy below. To read our full Privacy Policy ("Policy"), click here.

Our policy covers any visitor to our Sites and any user of our services. This policy applies to both online and offline collection, storage, processing, and transfer of Personal Information. However, certain of our Site(s) or services may be subject to additional privacy policies (known collectively as "Additional Policies").

Data you disclose to us may be shared with employers, course providers and subject matter experts that pertain to career and educational opportunities that you explore when using our Sites and services.

Information Collected

We collect various types of Information through our Sites. Some Information is collected automatically through various Web and Internet technologies, including Social Networking tools used by us to foster communication and collaboration. Other Information is collected when you provide it in response to an advertisement, a survey, or other request for information; register for or participate in other activities on the Site; order educational or other products and services; set up a Social Network or other Site profile; or use one of our career resources, assessments or other interactive tools. We may also obtain information from other sources and combine that with Information we collect about you.

How we Use Information

We will not sell, rent, or lease your Personal Information to others except as provided in this policy.

We may collect, use, and disclose Personal Information for the following purposes:

  • to provide requested products and services
  • to respond to your inquiries and provide customer support
  • to conduct promotions in which you have indicated an interest
  • for marketing purposes by TIY and our Educational Partners, which includes, but is not limited to, sending you material about products, services, updates, etc. that we think may be of interest to you
  • to share with our Educational Partners working with us, for the purposes of marketing their educational programs
  • for fostering communication and collaboration among users of the Sites through Social Networks
  • to analyze how Sites and services are being accessed and used
  • to improve Site and service performance and delivery
  • to prevent potentially illegal activities (including illegal downloading of copyrighted materials in accordance with our Copyright Infringement policy)
  • to analyze risk and business results
  • to maintain business records for reasonable periods
  • to enforce our Terms of Use
  • for sharing with our Educational Partners or Business Associates who are performing services on our behalf
  • to provide to Educational Partners, Business Associates or Unrelated Entities in connection with the contemplated or actual reorganization, merger, acquisition, financing, securitization, insuring, sale or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed with such transaction or fulfilling any records or other reporting requirements to such parties. In the event of any actual reorganization, merger, or acquisition such Information may be transferred as part of the transaction to the acquirer.
  • as may be required or permitted by legal, regulatory, industry self-regulatory, insurance, audit, or security requirements applicable to us, our Educational Partners, or our Business Associates.

Your Rights and Choices

If you do not wish to receive marketing email communications from us, you may express your choice where indicated on the applicable email or other communication, or email privacy@theironyard.com

If you do not wish to receive marketing telephone calls or mailings, you may express your choice to opt-out by emailing privacy@theironyard.com.

Under California's Shine the Light law, Cal. Civ. Code § 1798.83, we provide California residents the ability to opt out of disclosures to third parties for direct marketing purposes. To opt out of these disclosures at no cost, emailprivacy@theironyard.com.

Do Not Track

We do not respond to web browser-based DNT signals.

Other Collection, Use, and Disclosure

You may be able to opt-out of our collection, use, and disclosure of your Personal Information in other situations subject to applicable contractual, legal or technical restrictions and reasonable notice. Note that if you opt-out of certain uses of your Personal Information, we may no longer be able to provide certain products or services. For more information on your ability to opt-out, email privacy@theironyard.com.

Other Important Information

We will take commercially reasonable measures to secure and store your Information to protect against the loss, misuse, and alteration of the Information under our control.

We may update this policy or revise it from time to time. If you are concerned about how your Personal Information is used or disclosed, you should contact us as described below or check back at this Site periodically to obtain a current copy of this Privacy Policy.

How to Contact Us or Access Your Information

If you want access or wish to update any of your Personal Information or if you have any questions about our privacy practices, please contact privacy@theironyard.com.


The Iron Yard, Inc. - Privacy Policy (Full Version)
Updated: July 7, 2015

Our Privacy Philosophy

We work with employers, course providers and subject matter experts to provide technologies and informational services. We collect information from users interested in particular careers and jobs, helps those users explore career and educational opportunities, and provides tools for users to find and quickly assess courses that may be a good match for their career interests. We are committed to protecting your privacy and we want you to know what Information we collect, how we use that Information, and how you can request that this Information be updated or corrected.

Certain of our Sites may be subject to additional privacy policies (known collectively as "Additional Policies"). In the event of any direct conflict between any Additional Policies and this policy, the Additional Policies shall control. We reserve the right to resolve any conflicts between policies at its sole discretion.

We may amend or otherwise modify this Privacy Policy at any time, so please re-visit this page periodically to check for updates. The date of last revision is shown at the top of this document.

Scope of Our Privacy Policy

Our Privacy Policy covers any visitor to our Sites and any user of our services. This policy applies to both online and offline collection, storage, processing, and transfer of Personal Information.

Contents

  1. Definitions
  2. Information We Collect
  3. Information Collected Automatically
  4. Information You Provide to Us
  5. How We Use This Information
  6. Express Consent to Receive Prerecorded and Voice Messages, Text Messages and Calls Using an Autodialer
  7. Location of Information Processing
  8. Do Not Track
  9. Opt Out
  10. California Privacy Rights
  11. Our Security Measures
  12. Monitoring of Communications
  13. Internet Technologies Used
  14. Site Hosting and Links From Our Sites to Other Websites
  15. Safe Harbor
  16. Privacy Policy Changes
  17. How to Access Your Information and Contact Us

1. Definitions

As used in this Privacy Policy, the following terms have the following meanings:

"Business Associates" means third party service providers which we or our Educational Partners may contract with to provide services on our behalf including those related to the Sites or for transactions occurring on the Sites including, but not limited to, Social Networking, hosting, Web analytics, lead generation, academic, business, career, or financial services.

"Educational Partners" means a.) TIY and its subsidiaries; b.) Apollo Education Group, Inc., and its subsidiaries and affiliates, including educational companies or institutions to which TIY, Apollo or its affiliates may be providing educational or other related services under contract and c.) Third-parties who may participate in TIY Sites and services, including employers and subject matter experts.

"Information" means any Information collected and includes: "Personal Information", "Financial Information", "Web Analytical Information," or any other Information collected from you through our Sites.

"Personal Information" means Information that may be used, alone or in combination, to identify a specific individual.

"Site" or "Sites", means TIY's Website located at theironyard.com as well as other websites TIY may operate, and websites Business Associates operate exclusively for TIY, regardless of domain name or IP address.

"Social Network", means various Internet communication technologies provided within the Sites that facilitate conversation and interaction between people online and includes, but is not limited to, blogs, discussion forums, wikis, chat sessions, news groups, etc.

"Social Network Content" (or "SNC") means user-generated content you consent to share via a Social Network and includes, but is not limited to, Personal Information, digital sounds and pictures that you upload to a Social Network. It also includes your Personal Information that may be displayed on other users' Social Network pages.

"TIY", "we", "us", and "our" refer to TIY.

"Unrelated Entities" means third parties that are not Educational Partners, or Business Associates.

"Web Analytical Information" means Internet-generated Information we collect when you visit our Sites. This Information may be linked with Personal Information. When linked with other Information identifying you personally, either alone or in combination with other Information, then such Information also will be considered Personal Information.

2. Information We Collect

We collect various types of Information through our Sites, over the phone, through printed forms, and in person. Some of this Information is collected automatically through various Web and Internet technologies including Social Networking tools used by TIY. Other Information is collected when you provide it to us voluntarily by interacting with our Sites, including Sites run by our Business Associates. We may also obtain information from Educational Partners, Business Associates and Unrelated Entities and combine that with information we collect about you.

3. Information Collected Automatically

Each time you visit one of our Sites, Web Analytical Information is automatically gathered. In general, this Information does not identify you personally. Examples of Web Analytical Information include, but are not limited to:

  • IP address
  • Collection Date
  • Publisher Name
  • Connection Speed
  • Day of Week Time of Day (hour)
  • Language settings
  • Country, State, DMA, City (relating to IP address, if available)
  • Domain (.com, .net, .mil, .org, .edu, etc.)

This Information may be linked with Personal Information to accomplish the purposes described in this Privacy Policy.

4. Information You Provide to Us

In addition to the Web Analytical Information automatically collected when you visit our Sites, We also collect, use, and disclose Personal Information that you provide to us voluntarily in response to an advertisement, a survey, or other request for information; register for or participate in activities on the Site; order educational or other products and services; set up a Social Network or other Site profile; or use one of our career resources, assessments or other interactive tools. While the exact nature of the Personal Information may vary depending on the type of response or service requested, the following is a non-exclusive list of the types of Information that may be collected to the extent it is necessary and applicable for the intended purposes:

  • First, Middle and Last Name, Previous Names
  • Street Address, City, State, Country, Postal Code
  • Date of Birth
  • Place of Birth
  • Gender
  • Race
  • Ethnicity
  • Country of origin
  • Employment History
  • Native Language
  • Address Type
  • E-mail address
  • Valid Day or Evening Telephone Number
  • Cell Phone Number
  • Prior Education History
  • Lead Source
  • Social Networking Content
  • Learning, Skill, or Career Assessment data
  • Career Goals

5. How We Use This Information

Personal Info

We will not sell, rent, or lease your Personal Information to others except as provided in this policy.

We may collect, use and disclose Personal Information for the following purposes:

  • to provide requested products and services
  • to respond to your inquiries and provide customer support
  • to conduct promotions in which you have indicated an interest
  • for marketing purposes by us and our Educational Partners, which includes, but is not limited to, sending you material about products, services, updates, etc. that we think may be of interest to you
  • to share with our Educational Partners working with us, for the purposes of marketing their educational programs
  • for fostering communication and collaboration among users of the Sites through Social Networks
  • to analyze how Sites and services are being accessed and used
  • to improve Site and service performance and delivery
  • to prevent potentially illegal activities (including illegal downloading of copyrighted materials in accordance with our Copyright Infringement policy)
  • to analyze risk and business results
  • to maintain business records for reasonable periods
  • to enforce our Terms of Use
  • for sharing with our Educational Partners or Business Associates who are performing services on our behalf
  • to provide to Educational Partners, Business Associates or Unrelated Entities in connection with the contemplated or actual reorganization, merger, acquisition, financing, securitization, insuring, sale or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed with such transaction or fulfilling any records or other reporting requirements to such parties. In the event of any actual reorganization, merger, or acquisition such Information may be transferred as part of the transaction to the acquirer.
  • as may be required or permitted by legal, regulatory, industry self-regulatory, insurance, audit, or security requirements applicable to us, your school, our Educational Partners, or our Business Associates.

Financial Information

Your Financial Information will be used to provide requested products and services, to analyze operational and business results, to analyze risk, and for concluding your registration or other transaction you have initiated with us. It will not be sold, rented or otherwise transferred to an Education Partner, Business Associate or Unrelated Entity outside of these purposes, except in the case of a reorganization, merger or acquisition of our shares or assets.

6. Express Consent to Receive Prerecorded Voice Messages, Text Messages and Calls Using an Autodialer

If you have provided prior express written consent in the process of requesting information from TIY about its educational offerings or services, or if you have provided prior express consent after becoming a student to receive communications related to purposes other than marketing, we may use an automatic telephone dialing system (auto-dialer), artificial or prerecorded voice messages, and text messages to communicate with you.

In the case of text communications, you may receive text messages periodically regarding TIY. Message and data rates may apply. You may opt out at any time by texting STOP to cancel future text messages. By sending STOP, you agree to one additional confirmation message stating that you've opted out and will no longer receive text messages from TIY. To get help, text HELP. You may also get additional support or help by sending an email to privacy@theironyard.com.

By consenting to receive texts you specifically authorize TIY to send text communications using an automatic telephone dialing system or an artificial or prerecorded voice. Your participation and/or your consent is not a condition of purchasing any goods or services. Your consent also provides authorization for the specific telephone number that may be contacted via this program.

7. Location of Information Processing

We operate or may process information in multiple jurisdictions and some Educational Partners and Business Associates may be located outside of the jurisdiction in which you reside. In such cases, your Personal Information may be collected, used, disclosed, stored and processed in these other jurisdictions for the purposes described in this Privacy Policy. The data protection and other laws of the United States and other countries might differ from your jurisdiction. We require our Educational Partners and Business Associates to use your Personal Information only to perform the services we have retained them to provide and to take reasonable steps to ensure that your privacy is protected in accordance with applicable laws. Please be advised that, by using our Sites, you are consenting to the transfer and processing of your Information across international borders. Your Information may be subject to the laws of those other jurisdictions, including lawful requirements to disclose Personal Information to government authorities.

8. Do Not Track

Do Not Track (DNT) is a browser-based signal that, when set, signifies your desire not to be tracked online. Because there is not yet a consensus on how companies should respond to web browser-based or other DNT mechanisms, TIY does not itself respond to web browser-based DNT signals.

9. Opt-Out

Marketing Communications

If you do not wish to receive marketing email communications from us, you may express your choice where indicated on the applicable email or other communication, email privacy@theironyard.com.

Social Networking Content

You may change various user settings related to sharing your Personal Information contained in any user profile you set up as part of Social Network activities furnished by us. You also have the ability to delete individual instances of Social Networking Content that you have created or shared.

Other Collection, Use, and Disclosure

In any situation not covered by the foregoing, you may be able to opt-out of our collection, use and disclosure of your Personal Information subject to contractual, academic, legal or technical restrictions and reasonable notice. Note that if you opt-out of certain uses of your Personal Information, we may no longer be able to provide certain products or services. For more information on your ability to opt-out, email privacy@theironyard.com.

10. California Privacy Rights

Under California's Shine the Light law, Cal. Civ. Code § 1798.83, we provide California residents the ability to opt out of disclosures for direct marketing purposes. To opt out of these disclosures at no cost, email privacy@theironyard.com.

11. Our Security Measures

We will take commercially reasonable measures to secure and store your Information to protect against the loss, misuse, and alteration of the Information under our control.

Unfortunately, no data transmission over the Internet can be guaranteed to be completely secure. As a result, although we will utilize such measures, we do not guarantee you against the loss, misuse, or alteration of Information under our control, and you provide Information to us at your own risk. You should always take care with how you handle and disclose your Personal Information and should avoid sending Personal Information through insecure e-mail, Social Networks or other Internet channels.

12. Monitoring of Communications

We may monitor and retain all incoming and outgoing communications for training of our representatives and for quality assurance purposes. To the extent such communications are selected, they are only retained as long as necessary to adequately discharge these purposes, unless a specific communication needs to be retained for legal reasons. If you prefer that your communications not be retained for any reason, please advise your representative.

13. Internet Technologies Used

Cookies, Web beacons, and other relevant Internet technologies are used on our Sites to allow us to accomplish the uses set out above as well as to deliver Sites messaging and to keep track of your Information. These small pieces of program code reside in your computer and browser and can be removed. If you wish to remove such technologies you may do so, but this may render our Sites unusable to you. You can opt out of cookies or the other Internet technologies used by disabling these features in your browser program. Consult your browser's "Help" menu for assistance in changing cookie settings or removing cookie files.

14. Site Hosting and Links from Our Sites to Other Websites

Some of our Sites may contain links to external websites hosted by Educational Partners, Unrelated Entities, and Business Associates operating outside the scope of their relationship with us. When you access such external websites, the providers of the websites may collect your Personal Information and may apply their own policies on how your Personal Information is used. In addition, some of our Sites may have Additional Policies that apply to the use of Personal Information collected on that Site. Please make sure to read the policies of any websites you visit on the internet carefully. Please be aware that we are not responsible for the privacy practices or the content of any external websites that we do not control, and the collection, use, and disclosure of Information about you will be subject to the policies applicable on those external websites.

15. Safe Harbor

TIY Academy, LLC (“Iron Yard”) recognizes that the European Union (“EU”) has an “omnibus” data protection regime established pursuant to the European Data Protection Directive (95/46/EC) (the “Directive”), which may be amended or re-enacted from time to time. Among other things, the Directive generally requires “adequate protection” for the transfer of certain individually identifiable data about employees, suppliers, alumni, students and prospective students in the EU (collectively, "EU Personal Information") to The Iron Yard operations in the United States. The Iron Yard accordingly adheres to the requirements of the U.S.-E.U. Safe Harbor Privacy Principles published by the U.S. Department of Commerce (“Safe Harbor”) with respect to certain EU Personal Information received in the United States from employees, suppliers, alumni, students and prospective students of its affiliated companies in the EU.

In accordance with the Safe Harbor, The Iron Yard may collect and process EU Personal Information for the purposes of compensation administration, including incentive plan administration and compensation analysis, finance and accounting related activities, reviewing applications and enrolling prospective students, administering and maintaining the student relationship, providing products and services, conducting marketing and promotions, providing IT support, maintaining business records, contracting, sales, IT support, IT hosting, disaster recovery, helpline investigations and other investigations, in connection with the contemplated or actual reorganization, merger, acquisition, financing, securitization, insuring, sale or other disposal of all or part of our business or assets, project management, legal compliance activities, and other legitimate business purposes.

The Iron Yard intends to use EU Personal Information for the purposes for which such data was originally collected and does not intend to disclose EU Personal Information to any third party, except with the appropriate consent of the affected individuals or as otherwise permitted under the Safe Harbor. Employees, suppliers, alumni, students and prospective students are entitled to request access, review and update of their own EU Personal Information in accordance with applicable law. Employees, suppliers, alumni, students and prospective students should transmit requests for access and/or change to their own EU Personal Information in writing to privacy@theironyard.com.

Any employee, supplier, alumni, student or prospective student in the EU that cannot resolve his or her issue directly with The Iron Yard is permitted to contact his or her local data protection authority for further assistance and information. For more information about Safe Harbor please refer to the U.S. Department of Commerce.

16. Privacy Policy Changes

We may update this Privacy Policy or revise it from time to time. If you are concerned about how your Personal Information is used or disclosed you should contact us as described below or check back at this Site periodically to obtain a current copy of this Privacy Policy. We urge you to review this Privacy Policy frequently to obtain the current version. Your continued provision of Personal Information or use of our services following any changes to this Privacy Policy constitutes your acceptance of such changes.

17. How to Access Your Information and Contact Us

If you want access to or wish to update any of your Personal Information or have any questions about our privacy practices, please contact privacy@theironyard.com.

Copyright and Limited License

Unless otherwise indicated in the Sites, the Sites, the Services and all content and other materials on the Sites including, without limitation, the TIY logos, and all designs, text, graphics, pictures, information, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of TIY, or its licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Sites, the Site Materials and the Services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:

  • resell, lease, transfer, lend, timeshare, syndicate, or commercially use the Sites, Site Materials or the Services;
  • decompile, reverse engineer, disassemble, or otherwise attempt to derive any source code from the Sites, the Site Materials or the Services;
  • distribute, publicly perform, or publicly display the Sites, the Site Materials or the Services;
  • modify, adapt, translate, or create any derivative works of the Sites, the Site Materials, the Services or any portion thereof;
  • use any data mining, crawlers, spiders, robots, or similar data gathering or extraction methods;
  • download, index, or in any non-transitory manner store or cache any portion of the Sites, the Site Materials, the Services or any information contained therein, except as expressly permitted on the Sites;
  • remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Sites, the Site Materials or any Services;
  • create or attempt to create a substitute or similar service or product through the use of or access to the Sites, the Site Materials, the Services or any proprietary information related thereto; or
  • use the Sites, the Site Materials or the Services other than for its intended purpose.

Any use or attempted use of the Sites, the Site Materials, or the Services other than as specifically authorized herein, without our express prior written permission, or our licensors, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in our sole discretion.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, we will terminate, in appropriate circumstances and at our sole discretion, users, subscribers or account holders who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. All employees of TIY, will also be subject to the policies and procedures set forth in the Employee Handbook, which policies and procedures are in addition to these Terms of Use.

Copyright Complaints

If you believe that any material on any of the Sites infringes upon any copyright which you own or control, you or your designee, acting as a "Complaining Party", may send a notification of such claimed infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement:

Shane Lunceford, Associate General Counsel

Full Address of Designated Agent to Which Notification Should be Sent:

3590 N. First St., Suite 200 San Jose, CA 95134

Telephone Number of Designated Agent: 480-678-1634

Facsimile Number of Designated Agent: 602-735-6219

E-Mail Address of Designated Agent: copyright@theironyard.com

To be effective, a notification of claimed infringement must be a written communication provided to the Designated Agent and include substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single 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 our or our designee's contact with the Complaining Party, such as a current, valid 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.
  • 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.

Counter Notification

A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the Designated Agent a written communication containing the following:

  • A physical or electronic signature.
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your postal address is located, and that you will accept service of process from the Complaining Party who submitted the infringement notification or his, her or its principal or agent.

Upon receipt of such counter notification, we will promptly provide the Complaining Party that provided the notice of claimed infringement with a copy of the counter notification, and inform the Complaining Party or entity that we will replace the removed material or cease disabling access to it in 10 business days. We will replace the removed material and cease disabling access to it between 10 and 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from or on behalf of the copyright owner that such person or entity has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our Site(s).

Trademarks

All logos and any other product or service name or slogan contained in the Sites are trademarks of TIY, their suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our express prior written permission or the applicable trademark holder. You may not use any meta tags or any other "hidden text" utilizing "TIY", “or any other name, trademark or product or service name of TIY without our express prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TIY, and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, service marks, logos, and product names published on the Sites are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Hyperlinks

We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party web sites accessible by hyperlink from the Sites, or web sites linking to the Sites. Such sites are not under the control of us and we are not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any site or any information contained therein. When you leave the Sites, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Sites will be subject to that site's terms of use, if any, and its privacy and data gathering policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

You are granted a limited, non-exclusive right to create a text hyperlink to publicly available Sites for noncommercial purposes, provided such link does not portray us or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner or light, and provided further that the linking site does not contain any adult or illegal material or any material that is, in our sole opinion, offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo or other proprietary graphic of ours to link to the Sites without our express prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express prior written permission. Except as expressly stated above, you are not conveyed any right or license by implication, usage, custom, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of us or any third party.

Employees

If you are an employee of TIY, or an affiliate of Apollo Education Group, Inc. you have certain responsibilities with respect to your conduct as set forth in the applicable Employee Handbook. Your conduct on the Sites is subject to and must fully conform with: a.) the terms set out in the applicable Employee Handbook; b.) any Additional Terms set out on the Site(s) and c.) any other employment agreements or acknowledgements that may be applicable to you. Violation of any policies and procedures, employment agreements or acknowledgments, or Additional Terms may result in appropriate sanctions, as determined in our sole discretion, up to and including termination of your employment, in addition to any other consequence, penalty or liability that may result from such behavior. In the event of any conflict between these Terms of Use (including any Additional Terms) and any policy in the applicable Employee Handbook, or other term of employment, the order of precedence to resolve such conflicts shall be as follows: a.) the terms of any specific employment agreement or acknowledgment; b.) the applicable Employee Handbook policies; and c.) these Terms of Use. Notwithstanding the previous sentence, we reserve the right to resolve any such conflicts in our sole discretion.

Third Party Content and Applications

Our Sites may include third party content on the Sites and may provide links to web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information, including content and views of various individuals such as subject matter experts or members of the public. The views expressed in such Third Party Content should not be construed as representing our views. In addition, the Sites may include certain applications, features, programs and services provided by third parties (the "Third Party Applications"). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. We are not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and we make no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided "as is." Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.

Third Party Products, Services, Advertisements and Promotions

We may provide information about or links to third party products or services on the Sites or may run third party advertisements or promotions on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers or third party information on the Sites.

User Content and Conduct

The Sites or the Services may include public or restricted access discussion forums, or other interactive areas or services ("Interactive Areas"), including chat rooms or message boards, online hosting or storage services, mobile applications, tablet applications, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Sites ("User Content"). Interactive Areas are provided "as is". You are solely responsible for your use of such Interactive Areas and use them at your own risk.

If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  • Any unauthorized commercial use such as, but not limited to, engaging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Sites, or collecting names and emails addresses for the purpose of sending unsolicited emails;
  • Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
  • Viruses, corrupted data or other harmful, disruptive or destructive files; and
  • User Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Sites, or which may expose us or our users to any harm or liability of any type.

This list of prohibitions provides examples and is not complete or exclusive.

By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content.

You further agree not to access or attempt to access any Interactive Areas which you are not authorized to access or to provide or facilitate access to any nonpublic Interactive Area by any unauthorized user.

Any use of the Interactive Areas or other portions of the Sites, the Site Materials or the Services in violation of these Terms of Use, including the foregoing, may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Sites, the Site Materials or the Services.

We take no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or resulting therefrom, nor our we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, we are not liable for any statements, representations or User Content provided by its users in any public forum, personal home page, or other Interactive Area. Accordingly, we have no obligation to screen, edit, or monitor User Content or the Interactive Areas. However, we reserve the right, and has absolute discretion, to refuse, block, move, or remove any User Content posted or stored on the Sites at any time with or without cause and for any reason or no reason, with or without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites or through the Services at your sole cost and expense. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Our right to disclose any such information as set forth herein shall supersede and control any conflicting terms of our Privacy Policy.

Except as explicitly indicated in these Terms of Use, or unless otherwise indicated on the Sites or in connection with your use of the Services, if you post User Content to any of the Sites or in connection with the Services, you retain all rights in and to such User Content. You grant us, our affiliates, and third party service providers a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content throughout the world in any media. You grant us, our affiliates and sublicensees the right to use the name that you submit in connection with such User Content, at their sole discretion. You specifically acknowledge and agree that we have the right to sell, license and/or display any advertising, promotional and distribution rights in connection with your User Content and we will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. No royalties will be paid to you or any third party for your User Content. Nothing in these Terms of Use obligates or may be deemed to obligate us to sell, license or offer to sell or license any advertising, promotion or distribution rights. You represent and warrant that:

  • you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Sites and license such User Content to TIY and its affiliates as herein provided;
  • the User Content is accurate and not misleading; and
  • use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

Representations; Registration Data; Account Security

In consideration of your use of any of the Sites, the Site Materials and the Services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Sites, the Site Materials and Services, you agree to:

  • provide accurate, current and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data");
  • maintain and be solely responsible for the security of your password and identification;
  • maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current and complete; and
  • accept all risks of unauthorized access to the Registration Data and any other information you provide to us. Submissions Relating to Site(s) or Services

Submissions Relating to Site(s) or Services

You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Sites, the Site Materials the Services or provided by you by participating in surveys hosted by TIY, or any third party vendors, on the Sites or other sites, in the form of email, or any other submissions to us, or any postings on the Sites, are non-confidential and shall be our sole property, and that upon submission of such materials to us you thereby assign without additional consideration all right, title or interest you may hold in such materials to us. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Export Restrictions

Any software and all underlying information and technology downloaded or viewed from these Sites or in connection with the Services (collectively the "Software or Technical Data") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Sites, the Site Materials and the Services, including without limitation, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Indemnification

You agree to defend, indemnify, and hold harmless us, and our affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Sites, the Site Materials, the Services and any User Content you post, store or otherwise transmit on or through the Sites, the Services or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against us our affiliated entities, independent contractors, licensors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use, or the Privacy Policy, as each may be amended from time to time, or your violation of any law(s), regulation(s), or the right(s) of any third party.

Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THE SITES, THE SITE MATERIALS CONTAINED THEREIN, THE SERVICES, , AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITES. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR IMAGERY. WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, WE CAN NOT AND WE DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. We each reserve the right to change or delete any and all Site Materials or User Content contained in the Sites and any Services offered through the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

Limitation of Liability

IN NO EVENT SHALL WE, OUR AFFILIATED COMPANIES, THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE GOOGLE APPS, THE INTERACTIVE AREAS, OR THE USER CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TYI'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES, THE SITE MATERIALS, THE SERVICES, THE INTERACTIVE AREAS OR THE USER CONTENT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE SITES.

Applicable Law and Venue

These Terms of Use and your use of the Sites, the Site Materials and the Services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of South Carolina applicable to agreements made and to be entirely performed within the State of South Carolina, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use (except as may be provided with respect to third party copyright complaints) shall be filed only in the state and federal courts located in Greenville County, South Carolina and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination

Notwithstanding anything to the contrary in these Terms of Use, we reserve the right, without notice and in its sole discretion, to terminate your license to use the Sites, the Site Materials, the Services or any portion thereof, and to block or prevent your future access to and use of any of the Sites, the Site Materials or the Services.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be modified by such court to the minimum extent necessary to make such provision enforceable and, if such modification is not possible, such provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.