Terms of Use
Last Updated: August 6, 2018
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the Tenant Learning Platform, Inc. website (the “Site”), you agree to follow and be bound by these terms of use (the “Terms of Use”) and agree to comply with all applicable New York City, State, and Federal laws and regulations.
1. Definitions
In these Terms of Use, the words “you” and “your” refer to each customer or Site visitor.
The terms “we”, “us” and “our” refer to BOTH Tenant Learning Platform LLC (“TLP”) and Michelle Maratto Itkowitz, our founder and main class teacher.
“Services” refers to all services provided by us, including, but not limited to, our video classes, books, quizzes, blog posts, and forms.
“Materials” refers to all services provided by us, including, but not limited to, our video classes, books, quizzes, blog posts, and forms.
2. Terms of Use Can Change or Additional Terms May Be Added
If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site.
It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without notice to you.
Some TLP Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
3. You Must Be At Least 18 to Buy Anything from TLP
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Minors are not eligible to use the Site, Services, or Materials and we ask that they do not submit any personal information to us.
4. Accounts
You need an account for most activities on our platform, including to purchase and enroll in a course. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us. We may request some information from you to confirm that you are indeed the owner of your account.
5. Pricing
The prices of courses on TLP and the lengths of time you have access to specific classes are subject to change. We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.
6. Payments
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment that TLP accepts for those fees.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.
7. No Legal Advice or Referrals
TLP provides a platform for legal information and self-help. Specifically, TLP provides on-demand, online classes about tenant’s legal rights on specific topics in New York City only.
TLP includes general information on commonly encountered legal issues. At no time do we review your particular matter or situation, draw legal conclusions, provide legal advice, provide opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. TLP is not a law firm and may not perform services performed by an attorney. TLP, its Services, and/or its Materials are not a substitute for the advice or services of an attorney.
TLP strives to keep its teachings accurate, current and up-to-date. However, because the law changes rapidly, TLP cannot guarantee that all of the information on the Site is completely current an up-to-date. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or class like the kinds TLP provides can fit every circumstance. The legal information contained on the Site is not legal advice and is not guaranteed to be correct.
Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our classes, you should consult a licensed attorney in your area. TLP is NOT a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.
Your use of the Site, Services, and/or Materials does not create an attorney-client relationship between you and TLP, or between you and any TLP employee or representative, including, but not limited to, TLP’s founder and main teacher, Michelle Maratto Itkowitz.
As TLP is not a law firm, please note that communications between you and TLP and/or its founder, Michelle Maratto Itkowitz, may not be protected as privileged communications under the attorney-client privilege or work product doctrine. Also, if you use the TLP Question and Answer service blog, the communications between you and the attorney who answers your question will not be protected as privileged communications under the attorney-client privilege or work product doctrine.
TLP IS NOT A LEGAL REFERRAL SERVICE. TLP SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY ATTORNEY YOU ENCOUNTER ON OR THROUGH OUR SITE, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.
8. Use of TLP Legal Forms or Templates
On our Site we occasionally offer self-help “fill in the blank” forms. If you buy or download a form on our Site, the terms and conditions of these Terms of Use control. You understand that your purchase, download, and/or use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs.
9. NYC Only
TLP’s Site, Services, and Materials are only relevant to New York City. TLP’s Site, Services, and Materials would not be relevant to any other jurisdiction.
10. Privacy Policy
When you open an account to use or access certain portions of the Site, the Services and/or the Materials, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify TLP immediately of any unauthorized use of your account, user name or password. TLP shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by TLP, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
In connection with the use of certain TLP Services and/or Materials, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant TLP a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by TLP at any time by removing your personal information from the applicable service.
11. Ownership
This Site and the classes and materials thereon are owned and operated by Tenant Learning Platform, LLC. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Property”) are owned either by TLP or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by TLP, none of the Property may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of TLP’s intellectual property rights, whether by estoppel, implication or otherwise. Contact us if you have any questions about obtaining such licenses. TLP does not sell, license, lease or otherwise provide any of the Property other than those specifically identified as being provided by TLP. Any rights not expressly granted herein are reserved by TLP.
12. License to Use
TLP grants you a limited, personal, non-exclusive, non-transferable license to use our Services for your own personal use for the period of time we have contracted with you for that particular purchase.
TLP IS NOT OFFERING LIFETIME ACCESS TO ANY COURSE. Rather, you may only purchase a license for a certain course for a certain period of time. When that period of time has elapsed, TLP will turn off your access to the particular course and it’s Materials. TLP has chosen to do business this way, especially while the company is in its beginning stages, because it is concerned about keeping its Materials up-to-date.
The Site, Services, and Materials are made available for your personal use on your own behalf.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. You shall not remove any copyright notice from any Materials.
13. No License Granted to Attorneys or Tenant Representatives to Use Our Services for Their Clients
TLP does not grant any attorney or tenant representative a license to use our Services for internal business use, or, if you are an attorney or professional, for your client. If you need TLP to help you practice landlord and tenant law in New York City, then that means you shouldn’t be practicing it at all. TLP is NOT a way for a lawyer to fill in his or her knowledge deficit in this area of law. We mean that sincerely. Our founder teaches a lot of Continuing Legal Education, and she wants you to know that the way she would teach a lawyer and the way she teaches pro se litigants are very different. Do not sign up for these classes if you are an attorney. You should take a CLE and/or get a mentor.
If you are a legal services or community organization and you want TLP to make a custom made class tailored for your membership, please contact us.
14. Limited Permission to Download
TLP hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
You may not do any of the following while accessing or using the TLP’s Site, Services and/or Materials:
– access, tamper with, or use non-public areas of the platform, TLP’s computer systems, or the technical delivery systems of TLP’s service providers;
– disable, interfere with, or try to circumvent any of the features of the Site, Services and/or Materials related to security or probe, scan, or test the vulnerability of any of our systems;
– copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the TLP’s Site, Services and/or Materials.
– access or search or attempt to access or search our Site, Services, and/or Materials by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (application programing interface) (and only pursuant to those API terms and conditions); You may not scrape, spider, use a robot, or use other automated means of any kind to access the Site, Services, and/or Materials;
– in any way use the Site, Services, and/or Materials to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as TLP); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Site.
15. Resale of Services and Materials Prohibited
You may not sell or redistribute TLP Services or Materials without the express written consent of TLP.
You may not access, download, use or export the Site, Services, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials may be subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
16. Copyrights and Compliance with Intellectual Property Laws
All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Tenant Learning Platform LLC. ALL RIGHTS RESERVED.
When accessing TLP or using the TLP Materials and/or Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and Materials is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your TLP user account.
TLP retains all right, title and interest in and to its Materials and Services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:
1. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
2. sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
3. circumvent or disable any security or technological features of our products and services.
The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website (“Service Content”) are copyright © Tenant Learning Platform LLC. All rights reserved.
You may not copy, imitate the Site, the Materials and/or the Services, in whole or in part, without our prior written consent.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with TLP at Tenant Learning Platform, LLC, Attn: Legal Department, 305 Broadway, 7th Floor, New York, New York 10007.
Our Services may include things such as such as blog posts, question and answer products, customer service communication forums, and the opportunity for customers to post ratings, reviews, comments, questions, answers, and other content (the “User Content”). Contributions to, access to and use of the User Content is subject to this section and the other terms and conditions of these Terms of Use.
TLP is not the publisher or author of the User Content. TLP takes no responsibility and assumes no liability for any content posted by you or any third party. Although TLP has no obligation to monitor the User Content, we reserve the right, in our own discretion, to review and remove materials posted by users, in whole or in part. TLP reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
You are legally and ethically responsible for any User Content that you post or transmit using any TLP Service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
– that is known by you to be false, inaccurate or misleading;
– that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
– that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising).
– that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation.
– that defames, abuses, harasses, stalks, threatens or otherwise violate the legal rights of others.
– that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party.
– that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information.
– that contains any computer virus, worms, or other potentially damaging computer programs or files.
– that otherwise violates these Terms of Use.
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant TLP a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
You are not required to provide your real name when signing up as a user of TLP. TLP permits anonymous or pseudonymous accounts. Any user may request that such member’s email address be hidden to provide for additional privacy.
TLP reserves the right to not post or publish any ratings, review, or comment in its sole discretion.
By submitting your email address in connection with your rating and review, you agree that TLP may use your email address to contact you about the status of your review and other administrative purposes.
17. NO WARRANTY
THE SITE AND ALL SERVICES AND MATERIALS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, TLP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TLP MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES AND/OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES AND/OR OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES AND/OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY MATERIALS, SERVICES, AND/OR INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. TLP SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
THE INFORMATION, SITE, SERVICES, AND/OR MATERIALS MADE AVAILABLE THROUGH TLP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TLP MAY AT ANY TIME MAKE IMPROVEMENTS OR CHANGES TO OUR SITE, SERVICES, AND/OR MATERIALS. INFORMATION RECEIVED VIA TLP SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. IN SHORT, YOUR USE OF OUR SERVICES AND MATERIALS IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, TLP AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE MATERIALS AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TLP, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OR BUSINESS OPPORTUNITIES, OR PERSONAL INJURY OR DEATH), WHETHER ARISING IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE, WHETHER OR NOT TLP HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18. LIMITATION OF LIABILITY AND INDEMNIFICATION
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD TLP AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF TLP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF TLP, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
On behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold TLP and its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service and Materials. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
19. Class Action Waiver
You may only resolve disputes with TLP on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
20. Governing Law and Venue
Any legal action or proceeding relating to your access to or use of the Site, the Services, and/or Materials is governed by New York State Law and shall be brought in the State of New York, City of New York, County of Kings only.
21. Links to Third Party Sites
This Site may contain links to websites controlled by parties other than TLP (each a “Third Party Site”). TLP may also provide links to other citations or resources with whom it is not affiliated. TLP is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. TLP makes no guarantees about the content or quality of the products or services provided by such sites. TLP is not responsible for webcasting or any other form of transmission received from any Third Party Site. TLP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TLP of the Third Party Site, nor does it imply that TLP sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. TLP does not control, endorse or monitor the contents of any Third Party Site. That includes, without limitation, any further link contained in a Third Party Site, and any changes or updates to a Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that TLP is not responsible for any loss or damage of any sort you may incur from dealing with a third party.
22. Security
Although we cannot make an absolute guarantee of system security, TLP takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If TLP’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, TLP reserves the right to delete those files or to stop those processes. If the TLP technical staff suspects a user name is being used by someone who is not authorized by the proper user, TLP may temporarily disable that user’s access in order to preserve system security. In all such cases, TLP will contact the member as soon as feasible.
TLP has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
23. Telephone Calls and Emails
BY USING TLP’S SERVICES OR ACCESSING THE TLP SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO TLP VIA THE TLP SITE CONSTITUTES AN INQUIRY TO TLP, AND THAT TLP MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
By creating an account, you agree that you may receive communications from TLP, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.
24. Right to Refuse or Cancel
You acknowledge that TLP reserves the right to refuse service to anyone and to cancel user access or downgrade user access at any time.
TLP has discretion in enforcing these Terms. We may terminate or suspend your permission to use our Site, Services, and/or Materials or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the Site and use of our Services and Materials. Your content may still be available on the Site even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
Your obligations undertaken under these Terms of Use, other than the obligation of payment, will survive TLP’s unilateral cancellation of your account.
25. Address of TLP
TLP is located at 305 Broadway, 7th Floor, New York, New York 10007.
26. Waiver, Severability, and Assignment
TLP’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. TLP may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
27. Modifications
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
28. Entire Agreement
These Terms constitute the entire agreement between you and TLP with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
29. Binding Agreement and Acknowledgement
You agree that by registering, accessing or using our Site, Services, and/or Materials, you are agreeing to enter into a legally binding contract with TLP. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
BY USING TLP’S SERVICES OR ACCESSING THE TLP SITE, SERVICES AND/OR MATERIALS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.