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.
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.
Information supplied to us using cookies helps us to analyze the profile of our visitors and provide you with a better online experience.
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:
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.
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.
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.
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.
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:
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 firstname.lastname@example.org
If you do not wish to receive marketing telephone calls or mailings, you may express your choice to opt-out by emailing email@example.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, firstname.lastname@example.org.
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 email@example.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.
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 firstname.lastname@example.org.
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.
"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:
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:
5. How We Use This 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:
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 email@example.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
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.
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 firstname.lastname@example.org.
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 email@example.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 firstname.lastname@example.org.
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 email@example.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.
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 firstname.lastname@example.org.
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: email@example.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 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:
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).
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.
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.
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.
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.
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:
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.
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:
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.
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.
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.
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.