INTRODUCTION TO TECH CONTRACTS ACADEMY TERMS OF USE AND PRIVACY POLICY
The Terms of Use and Privacy Policy below relate to the website and offerings of Tech Contracts Academy®, LLC. Click here for our Terms of Use and here for our Privacy Policy.
TECH CONTRACTS ACADEMY TERMS OF USE
TECH CONTRACTS ACADEMY® TERMS OF USE
Revised/Updated January 30, 2025.
By visiting our website, downloading any sample contract or form, or otherwise making use of the resources provided at this website, you acknowledge and agree to be bound by these Terms of Use and any TCA terms or policies referenced or incorporated herein.
You acknowledge, agree, and are on notice that: (1) LEGAL SITUATIONS AND ISSUES VARY, SO OUR OFFERINGS MAY NOT FIT YOUR PARTICULAR NEEDS; and (2) YOU SHOULD CONSULT WITH A QUALIFIED ATTORNEY BEFORE ACTING ON OR OTHERWISE RELYING ON INFORMATION IN TCA’S OFFERINGS.
These Terms of Use (these “Terms of Use”) constitute an agreement between you and Tech Contracts Academy®, LLC, a California limited liability company (“TCA” “we,” “us,” or “our company”). These Terms of Use govern your: (I) use of the TechContracts.com website, including without limitation pages hosted by our third party vendor, Teachable (collectively, the “Website”); and (II) access to and use of all other TCA products or services linking to or otherwise provided through the Website, including without limitation sample contract forms, sample contract clauses, blog posts, slides, and audio or video content (collectively, “Materials”). (If you register for and/or participate in training programs presented by TCA, including without limitation live remote, live in-person, and on-demand (recorded) education programs (collectively “Programs”), the following Terms of Use apply to you with respect to the Programs: https://courses.techcontracts.com/p/terms). These Terms of Use refer to the Programs, Website, and Documentation collectively as TCA’s “Offerings.”
A. No Legal Services, Not Attorney Advertising
- No Legal Services: You acknowledge, agree, and are on notice that: (a) the Programs and other Offerings are authored and published by Tech Contracts Academy, which is not a law firm and does not provide legal services of any kind; (b) THE WEBSITE, THE PROGRAMS, AND OUR OTHER OFFERINGS ARE NOT, AND ARE NOT INTENDED TO BE, A SOURCE OF LEGAL ADVICE; (c) you are not relying and will not rely on any of the information on the Website, in the Programs, or in any other Offerings in determining how to conduct your legal affairs; (d) publication of information at the Website or in the Programs or any other Offerings, including without limitation contract forms/sample language, articles, slides, and live or recorded audio and/or video content does not constitute the practice of law and is not legal counsel or advice; (e) neither the author nor publisher of the Website or the Programs or other Offerings, nor the author or publisher of The Tech Contracts Handbook (the “Book”), is rendering a legal service, and neither is anyone else affiliated with the Website or the Programs or other Offerings; and (f) the Offerings should not be relied upon as a substitute for consultation with an experienced attorney.
- Not Attorney Advertising: You acknowledge, agree, and are on notice that: (a) NEITHER THE WEBSITE, NOR THE PROGRAMS OR OTHER OFFERINGS, NOR THEIR MARKETING, IS INTENDED TO ADVERTISE LEGAL SERVICES PROVIDED BY ANY LAWYER OR LAW FIRM OR TO PROVIDE CONTACT INFORMATION FOR ANY LAWYER OR LAW FIRM, including without limitation any law firm that employs one or more of the Website’s or Programs’ or other Offerings’ authors; (b) visitors interested in legal services should visit the website for a lawyer or law firm, or make contact in another way, and should not use the Website or the Programs or other Offerings or its/their contact information to contact the lawyers referenced here; (c) contact information and mechanisms at the Website are solely for inquiries about training, books, and the other resources provided or advertised here, and not for inquiries about legal services; and (d) every legal matter is different, and results depend on the unique law and facts present in a specific transaction or matter, and the Offerings do not address any such specifics.
B. Disclaimers, No Warranty or Guarantee, Limitation of TCA Liability
- Disclaimers/No Warranty or Guarantee: NEITHER ANY AUTHOR OR PUBLISHER OF THE WEBSITE OR THE PROGRAMS OR OTHER OFFERINGS REPRESENTS THAT ANY FORM CONTRACT PROVIDED ON THE WEBSITE, OR ANY CONTRACT LANGUAGE OR OTHER RESOURCE, OR ANY OTHER OFFERING INCLUDING THE MATERIALS WILL MEET YOUR SPECIFIC GOALS, PROTECT YOUR SPECIFIC INTERESTS, OR WITHSTAND CHALLENGES TO ITS LEGAL OR FACTUAL SUFFICIENCY. THE OFFERINGS, INCLUDING WITHOUT LIMITATION THE INFORMATION AND CONTRACT FORMS ON THE WEBSITE AND INFORMATION PROVIDED WITH THE PROGRAMS AND OTHER OFFERINGS ARE PROVIDED “AS IS,” AND ARE NOT PROVIDED WITH ANY GUARANTEE, WARRANTY, OR REPRESENTATION AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. TCA PROVIDES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE WEBSITE, PROGRAMS, AND OTHER OFFERINGS INCLUDING THE DOCUMENTS AND OTHER MATERIALS REFERENCED OR PROVIDED BY THEM ARE GENERAL IN NATURE AND MAY NOT BE SUFFICIENT FOR A SPECIFIC CONTRACTUAL, TECHNOLOGICAL, OR LEGAL PROBLEM OR DISPUTE.
- Limitation of TCA Liability: TCA’S AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF ANY TCA OFFERING WILL NOT EXCEED THE FEES YOU PAID FOR IT OR, IF NONE, $500 (U.S.). IN NO EVENT WILL TCA BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR LOST BUSINESS RESULTING FROM SUCH USE. THE LIABILITIES LIMITED BY THIS SECTION B.2 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF TCA IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits application of this Section, TCA’s liability will be limited to the maximum extent permissible by law. For the avoidance of doubt, TCA’s liability limits and other rights set forth in this Section apply likewise to TCA’s instructors, other staff, principals, employees, agents, officers, insurers, and other representatives.
C. Intellectual Property Rights & Use Restrictions
You recognize and agree that all content at the Website and in the Programs and other Offerings, including without limitation contract forms/sample language, articles, slides, live or recorded audio and/or visual content, and other Materials is protected by copyright law, and that TCA is the sole owner of the copyrights and any other intellectual property rights to such Materials. You agree not to use the Website, Programs, or other Offerings, including the Materials, except in compliance with this Section C.
- Materials: If you are enrolled in a Program, you may reproduce the Program agenda (if provided) and slides (if provided) and other Materials provided with a Program, solely for your personal use. You receive no right, title, or interest in or to Materials (or any other part of the Program) other than the limited license granted in the preceding sentence. For the avoidance of doubt, and without limiting the generality of the foregoing, you may not create derivative works from the Materials, nor sell or resell the Materials.
- Access to Programs and Recordings: Each enrollment/registration for a Program is for your personal use, and only you may attend. YOU SHALL NOT SHARE YOUR ACCESS TO (OR ACCESS CREDENTIALS FOR) A PROGRAM WITH ANYONE OR RECORD OR OTHERWISE REPRODUCE OR BROADCAST OR OTHERWISE DISTRIBUTE A PROGRAM OR ANY PART OF IT, AND YOU SHALL NOT SAVE OR OTHERWISE REPRODUCE A COPY OF A RECORDING OR ANY PART OF A RECORDING PROVIDED BY TCA. You agree that your access to Program recordings is limited to the terms and duration offered by Tech Contract Academy. For the avoidance of doubt, you receive NO intellectual property right, title, or interest in or to recordings.
- Website Forms: The form contracts available at the Website for download in Microsoft Word, and the other sample contract language provided at the Website (including in Articles, and e-mails containing them) and/or in the Book (the “Forms”) are available for use by Website visitors (and e-mail recipients). Unlike any other TCA Offerings, you may reproduce and create derivative works from the Forms, and you may use the Forms for your own transactions. However, you shall not sell or resell the Forms, and you receive no rights to the Forms other than those specifically granted in this Section C.3. TCA may edit, replace, or remove the Forms altogether, at any time, without notice or obligation to you. YOU RECEIVE NO LICENSE TO ANY CONTENT AT THE WEBSITE OTHER THAN THE FORMS. All use of the Forms and other content at the Website is subject to the provisions above.
- “Interactive Content” & “Feedback”: You hereby grant TCA a perpetual, irrevocable, worldwide license to reproduce, distribute, modify, publicly perform, publicly display, and otherwise use and exploit any content you contribute to the Website or a Program or other Offering, including without limitation any recording of your image or voice, poll responses, and the text of any questions or comments you submit in writing, such as in survey or evaluation responses (collectively, “Interactive Content”). You recognize and agree that SUCH INTERACTIVE CONTENT IS NOT ANONYMOUS, AND YOU WAIVE ANY RIGHT OF PUBLICITY OR RIGHT OF PRIVACY YOU MAY HAVE IN INTERACTIVE CONTENT. If you provide any suggestion or idea for improving or otherwise modifying TCA’s products or services (“Feedback”), you agree that TCA has an unrestricted right to use, profit from, disclose, publish, keep secret, or otherwise exploit that Feedback without compensating or crediting you.
- Competitive Offerings: You agree not to access or use any Offering for the purpose of developing a product or service similar to or competitive with any TCA product or service.
D. Program Pricing, Refund Policy
- Pricing, Discounts: Where, in its discretion, TCA offers discounts for a Program, only one discount may be applied per registration. TCA may modify or discontinue a discount at any time, without notice. No discount shall have retroactive effect.
- Refund Policy: For TCA’s Programs, TCA’s Refund Policy, linked here, overrides any policy of a third party, including without limitation Program hosts/platforms.
E. Miscellaneous
- Sanction Compliance: No person may register for or attend a Program, or otherwise make use of TCA’s Offerings, who is, or is employed by an entity that is, subject to sanctions and/or boycotts by the United States, or otherwise publicly boycotted by TCA. By registering for a Program, you affirm you are not subject to any then-applicable sanction and/or boycott.
- Force Majeure: No delay, failure, or default by TCA will constitute a breach to the extent caused by acts of war, terrorism, hurricanes, earthquakes, epidemics, other acts of “God” or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, technical or other access failures or suspensions or terminations by contractors (for example, third party hosts/platforms) (including without limitation electrical or internet disruptions), or other causes beyond TCA’s reasonable control. Nor shall temporary technical access lapses be deemed a breach by TCA, regardless of cause.
- Notices: Notices pursuant to these Terms of Use shall be sent to TCA’s physical mailing address (only), as set forth on our Contact page, and will be deemed received upon actual receipt by TCA.
- California Codes: You are on notice of and agree to the following: (a) if your relationship with TCA is subject to California Business & Professions Code Section 17538, you should see our company information on our Contact page, you may request that our company name and address (which is as set forth there) be e-mailed to you by reaching out to [email protected], and you are subject to the Refund Policy; and (b) if your relationship with TCA is subject to California’s Electronic Commerce Act of 1984 (California Civ. Code Section 1789), complaints or requests for further information may be directed to us via the contact information on our Contact page, and you may contact the Consumer Information Center of California’s Department of Consumer Affairs at www.dca.ca.gov, 800/952-5210, or 1625 North Market Boulevard, Ste. N112, Sacramento, CA, 95834. (Nothing in these Terms of Use constitutes a statement or acknowledgement by TCA regarding when any law listed above in this Section E.4 applies to your relationship with TCA.)
F. Construction and Amendment
- Choice of Law & Jurisdiction: Any disputes related to these Terms of Use, the Website, or another Offering will be governed solely by the internal laws of the State of California, without reference to any conflicts of law principle that would apply the substantive laws of another jurisdiction to the parties’ rights or duties. The parties consent to the personal and exclusive jurisdiction of the federal and state courts of Marin County, California.
- Amendment: TCA MAY AMEND THESE TERMS OF USE AT ANY TIME BY POSTING A NEW VERSION ON THIS PAGE OR ON A SUCCESSOR PAGE, subject to the next sentence. You agree that your use of any Offering following amendment of these Terms of Use constitutes your agreement to the amended Terms of Use.
- No POs: No terms in purchase orders or other purchasing documents, and no terms not executed by TCA’s authorized representative in writing, amend these Terms of Use or otherwise bind TCA.
TECH CONTRACTS ACADEMY PRIVACY POLICY
This Privacy Policy was last revised November 13, 2024.
This Privacy Policy governs use of TechContracts.com (the “Website”), registration for and/or participation in training programs presented by TCA (“Programs”), and access to any other TCA products or services, including those referenced on the Website or in this Privacy Policy (collectively, the “Offerings”).
A. Personal Information Collected
We, and our contractors (such as third party hosts/platforms), may collect and store any information you choose to put in an e-mail, contact form, or comment you send us (or them), or provide to set up an account or purchase a Program, (including without limitation) name, e-mail address, telephone number, mailing address, and username. The Website does not collect or store any payment information. Payment information for Programs purchased through TCA’s “school” hosted by our vendor, Teachable, Inc., (“Teachable”) is collected and stored by Teachable and/or its payment processors, subject to its/their policies, not TCA’s.
Our Website, and Programs, are not meant to collect information that may be considered “sensitive” (as various jurisdictions may use the term), nor any personal information from anyone under age 18. If nonetheless you know of potentially sensitive information, or children’s information, collected through our Website or a Program, please contact us at [email protected].
B. Use of Personal Information; Cookie Policy
We use your personal information to reply to messages you send us via e-mail or otherwise, including comments, to process your transactions with us, to otherwise correspond with you, and other legitimate business purposes such as security and fraud prevention. Also, if you subscribe to our blog, or agree when signing up for any of our Programs, we’ll put your e-mail address and other contact information you provide on our notices list(s), so that you get e-mail notice of future blog posts and announcements, including marketing communications, from us. (You can unsubscribe by clicking “unsubscribe” when you receive a marketing e-mail, or at any time by contacting us at [email protected].)
As do most websites, ours uses cookies, as may our Programs’ hosts/platforms. For information on our use of cookies and similar technologies, please see our Cookie Policy.
Particularly given the limited amount and type of information and data collected through our Website, and our Programs, we may or may not have identified all possible uses, or restricted contractors’ (see Section E, below) own use or disclosure of information or data. TCA does not control and is not responsible for the conduct or policies of our contractors (or their subcontractors), and we urge Website visitors and Program Trainees to familiarize themselves with those policies.
C. Retention of Personal Information
TCA retains your personal information so long as it serves the purposes listed in this Privacy Policy, including to send you blog posts, notices, and other communications we hope will be of interest to you (unless you’ve unsubscribed), to manage your current and potential future Program access and address your questions, collect and monitor traffic and other usage statistics at our Website and about our Programs, monitor and improve our Offerings, and to comply with our accounting and legal obligations.
D. Transfer of Personal Information
We may store or process your data outside your city, province, state, or country, including through one of our contractors (described below). So your personal information may be stored in a jurisdiction that operates under privacy and data protection laws different from (and potentially less protective than) those of your home jurisdiction.
We may disclose personal information to attorneys or law enforcement authorities to address contract violations or illegal behavior, or to enforce our rights. We disclose information demanded in a court order, subpoena, or otherwise required by law, or to prevent harm to persons or property. And we may share personal information in connection with a corporate transaction, like a merger or sale of our company, the sale of most of our assets, or a bankruptcy.
E. Contractors and their Access to Personal Information
As described in this Privacy Policy, our contractors (and their subcontractors) help us with Website and Program hosting and storage, security and fraud prevention, monitoring Website and Program use, communicating with and marketing to Website users, prospective students, and Program Trainees, payment processing, and distance learning Offerings. We change contractors and third parties, and their roles, from time to time.
TCA engages with third party hosts/platforms to host TCA’s Programs including recordings (if offered) (for example, GoTo, via GoToWebinar, GoToMeeting, GoToStage; Teachable), process payments (for example, Teachable and its payment processors, such as Stripe), and market and otherwise communicate with you regarding TCA’s Programs (for example, e-mails via MailChimp, or our school at Teachable). Information you provide (such as your name and e-mail address) or that is passively gathered on-line (such as via cookies) when you register, pay, and use a Program may be disclosed to or from (and may be gathered directly by) the applicable contractor, and can be used (and disclosed) by them in accordance with their terms and policies (such as their terms of use and privacy policies). (Again see our Cookie Policy for more information on cookies.)
You are urged to familiarize yourself with those terms and policies (and TCA’s) before accessing TCA’s Programs. TCA does not control and is not responsible for such contractors (or their subcontractors), their procedures, or their policies, nor those of any other third party with which you may (if/where available) opt to register (such as a program not presented by or solely by TCA but at which a TCA representative speaks), sync a registration, “like” or “follow” TCA, or otherwise engage with or about TCA (for example, social media providers such as LinkedIn, Facebook). Unless specified when you register, syncing with and/or registering via social media providers is not required to access TCA’s Programs.
Our contractors include, without limitation:
Website Hosting: Accuraty, WPMU DEV; WordPress, Automattic; Plug-Ins
Our Website hosting is managed by Accuraty Solutions, LLC (“Accuraty”), and our Website is hosted by WPMU DEV, owned by IncSub, LLC. For their privacy practices, please visit: https://wpmudev.com/privacy-policy/. Our Website runs on WordPress software, provided by Automattic. Certain data collected through our Website may also be transmitted to WordPress. For information on WordPress’ privacy practices, please visit: Automattic Privacy Notice. Our Website also uses plugin software from various contractors who serve WordPress users. We may change plugins from time to time. These contractors may, subject to their own and WordPress’ policies, access data collected by or through WordPress at our Website.
Website Cookie Management/Banner
Our cookie management platform and cookie banner is implemented by Complianz. If you are interested in its data security and privacy practices, visit: Complianz.
E-Mails
Mailchimp sends e-mails for us including substantive blog posts and marketing, and provides us data with which to measure the success of our marketing campaigns, compile statistics, and may (but does not necessarily include) response rates. If you are interested in Mailchimp’s data security and privacy practices, visit: Mailchimp.
Distance Learning Hosts/Platforms: GoTo; Teachable
Our Website (including blog posts and pages) and e-mail communications include links by which to register for certain distance learning Programs, which are hosted by one or more contractors (for example, GoTo (for GoToWebinar, GoToMeeting, GoToStage); Teachable (with which you also have or create an account). Further information about those contractors is available upon enrolling in a Program. For Teachable’s privacy practices, visit: Teachable’s Privacy Policy.
Google Analytics is a web analytics service that gathers information about our Website’s traffic and makes it available to us. This information may be used, for example, to understand and monitor Website use, and to assist with advertising. We use Google Adwords to advertise, and this may include advertising to Website users. If you are interested in Google’s privacy practices, and methods that may be available to you to opt out of certain uses such as analytics and personalized advertising, visit: Google Analytics; Google Cookies.
F. Protection of Personal Information
We store information you send us on password-protected computers and share it with trusted contractors. Data we don’t store ourselves is collected and stored by our contractors, under their policies and procedures. See Section E above for information about contractors. Unfortunately, like most website, we can’t guarantee the security of personal information or other data, including during transmission and storage. We offer our Website and other Offerings “As Is,” unless we and you execute a contract providing to the contrary).
G. Accessing and Correcting Your Personal Information
You can access and change contact information TCA stores about you (i.e., e-mail address) by e-mailing us at [email protected]. You can access and change contact information stored in your account with our school at Teachable by logging into your profile there.
H. Data Privacy Laws
We provide this Privacy Policy describing the processing of personal information in the interest of transparency to users of our Offerings, including Website users and Program Trainees. Doing so is not intended to suggest, and does not mean that, legal responsibilities apply to Tech Contracts Academy that would not otherwise. Standards for personal information are not the same in all jurisdictions, inside and outside and among the United States, and are rapidly evolving and complex. Simply put, not all laws, including collection notice requirements, apply to all entities, individuals, or information, in all locations, or in all circumstances. Individuals in certain jurisdictions, inside and outside the United States, have certain rights when entities governed by those laws process their “personal data” or “personal information” (for example, pursuant to the European Union’s General Data Protection Regulation (“GDPR”), the California Consumer Privacy Act (“CCPA”), and other international and U.S. State and federal laws, where applicable). (Depending on the jurisdiction, and subject to various limitations, such rights may include, for example, to access/obtain a copy, update/correct, or delete it; to object to/opt-out of certain processing (or not allow certain processing without consent); to complain to a data protection authority; entities which the CCPA defines as a “business” have special obligations to Californians including more detailed notices than this, and if personal information is “sold,” or “shared” (meaning for certain behavioral advertising) the opportunity to opt-out).
Tech Contracts Academy is a (currently) small, U.S.-based entity with modest types and amounts of personal data processing, that does not “target” internationally, and that does not receive monetary compensation when disclosing personal data as described in this Privacy Policy. We believe that TCA does not fall within most, if any, of such laws’ pre-requisites for coverage. Without limiting that general statement, we believe we do not currently satisfy the threshold to be regulated as a CCPA “business” or as a “controller” pursuant to U.S. state privacy laws adopted to date. And terms used in this Privacy Policy (for example, contractor, third party) are intended as generally understood, not as specially defined in a particular law.
If however you believe you have legal rights you wish to exercise regarding your personal data, that are not addressed in this Privacy Policy, contact us at [email protected]. We strive to evaluate such requests and comply to the extent required of us under then-applicable law, and we may request that you identify the law you believe applies to you.
And, as noted above you can access and change contact information TCA stores about you by e-mailing us [email protected], you can access and change contact information stored in your account with our school at Teachable by logging into your profile there, and you can opt out of TCA marketing communications by emailing us or clicking “unsubscribe” on any e-mail.
I. Amendment
TCA may change this Privacy Policy at any time by posting a new version on this page or on a successor page. Without limiting that general statement, policies or terms in purchase orders or other customer purchase documents do not become contract terms, unless executed by each party’s authorized representative, and do not modify this Privacy Policy.
J. Contact Us
See our Contact page.