This Introduction was last revised October 2, 2023.
Contact Us: Have a question or concern about a TCA Offering or policy? Contact us:
Tech Contracts Academy®, LLC
Mailing address (not open to the public): 336 Bon Air Center #441, Greenbrae, CA 94904, USA
For questions, or to unsubscribe from marketing e-mails, please contact us at info@TechContracts.com. In communications with us, do not provide personal information about others (unless you have their permission), and never provide more personal information than necessary (including in comments). Do reach out if you are unable to access something you need from our Website, or are unable to complete a transaction with us. We strive to keep the Website and our other Offerings reasonably accessible to users with disabilities, but do contact us if you require a reasonable accommodation.
1) No Legal Services, Not Attorney Advertising
a. No Legal Services: The Website, 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. THE WEBSITE, THE PROGRAMS, AND OTHER OFFERINGS ARE NOT, AND ARE NOT INTENDED TO BE, A SOURCE OF LEGAL ADVICE. You agree that you are not relying on any of the information on the Website, in the Programs, or in any other Offerings in determining how to conduct your legal affairs. 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 (collectively, “Documentation”) does not constitute the practice of law, and is not legal counsel or advice. 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. The Offerings, including the Documentation, should not be relied upon as a substitute for consultation with an experienced attorney.
b. Not Attorney Advertising: 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 the law firm that employs one or more of the Website’s or Programs’ or other Offerings’ key authors. 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. 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. If notwithstanding the foregoing, the Website, the Programs, other Offerings, or information contained within any of their marketing is construed as ATTORNEY ADVERTISING, the following governs those services: (a) results in legal matters depend upon a variety of factors unique to each matter; and (b) in any representation of clients by attorneys affiliated with the Website or the Programs or other Offerings, such attorneys do not guarantee, warrant, or make any prediction regarding the result of any representation. Every matter is different, and results depend on the unique law and facts present in a specific transaction or matter.
2) Disclaimers, No Warranty or Guarantee, Limitation of TCA Liability
a. 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 DOCUMENTATION 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 DOCUMENTATION REFERENCED OR PROVIDED BY THEM ARE GENERAL IN NATURE AND MAY NOT BE SUFFICIENT FOR A SPECIFIC CONTRACTUAL, TECHNOLOGICAL, OR LEGAL PROBLEM OR DISPUTE.
b. Limitation of TCA Liability: TCA’S AGGREGATE AND CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF ANY TCA OFFERING INCLUDING WITHOUT LIMITATION THE WEBSITE OR A PROGRAM OR DOCUMENTATION WILL NOT EXCEED THE FEES PAID FOR IT (IF ANY). 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 APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF TCA IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) 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.
3) Intellectual Property Rights & Use Restrictions
All content at the Website and in the Programs and other Offerings, including without limitation contract forms/sample language, articles, slides, and live or recorded audio and/or visual content (“Documentation”) is protected by copyright law, and Tech Contracts Academy is the sole owner of the copyrights and any other intellectual property rights to such Documentation, except as to the limited licenses specifically set forth below in this Section. You agree not to use the Website, Programs or other Offerings, including the Documentation, except in compliance with this Section.
a. Materials: Individuals enrolled in Programs (“Trainees”) may reproduce the Program agenda (if provided) and slides (if provided) for the Program (the “Materials”), solely for that Trainee’s personal use. Trainees 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, Trainees may not create derivative works from the Materials, nor sell or resell the Materials.
b. Access to Programs and Recordings: Each enrollment/registration for a Program is for only one Trainee – only that individual may attend, for that Trainee’s personal use. Tech Contracts Academy may record its Programs, for TCA’s future use, and some Programs may, in TCA’s discretion, contain pre-recorded or partially pre-recorded instruction. If provided access to a live, or recorded, audio and/or visual Program, you, as Trainee, agree you must not share your access (or access credentials) with anyone else, you must not to record or otherwise reproduce or broadcast or distribute a Program or any part of it, and you must not save or otherwise reproduce a copy of a recording or any part of a recording provided by Tech Contracts Academy. 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, Trainees receive no intellectual property right, title, or interest in or to recordings.
c. 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 Tech Contracts Academy offerings, you may reproduce and create derivative works from the Forms, and you may use the Forms for your own transactions, including your customers’ transactions (whether or not you charge for your services). However, you may not sell or resell the Forms, and you receive no rights to the Forms other than those specifically granted in this Section. 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.
d. “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”). 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.
4) Program Pricing, Refund Policies
a. Pricing, Discounts: Where, in its discretion, TCA offers discounts for a Program, only one discount code (or coupon) may be applied per registration. Contact TCA (email@example.com) for information about what, if any, discount codes/coupons may be available for a Program, and their terms and conditions. TCA may modify its Program terms and conditions, including pricing, and including changing or discontinuing discount offerings, at any time, without notice (but will of course honor pricing and discount terms for which a purchase has been completed). No retroactive discounts.
b. Cancellation/Refund Policies: Policies (and third party hosts/platforms) differ depending on the type of TCA Program. Find the Section in our Cancellation/Refund Policy, linked here, that applies to the Program in which you are interested.
a. 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.
b. 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 third party hosts/platforms or by contractors (including 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.
c. Choice of Law & Jurisdiction: Any disputes related to the Website or a Program 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.
d. California Notices: Out of an abundance of caution,
i. If your relationship with TCA may be subject to California Business & Professions Code Section 17538, see our company information on our Contact page, know you may request that our company name and address (which is as set forth there) be e-mailed to you by reaching out to firstname.lastname@example.org, and see Section 5(b), above, for refund policies.
ii. If your relationship with TCA may be subject to California’s Electronic Commerce Act of 1984 (California Civ. Code Section 1789), know that complaints or requests for further information may be directed to us via the contact information on our Contact page. And the Consumer Information Center of California’s Department of Consumer Affairs may be contacted at www.DCA.GOV, 800/952-5210, or 1625 North Market Boulevard, Ste. N112, Sacramento, CA, 95834.
6) Contact Us
This Policy was last revised October 2, 2023
A. Personal Information Collected
We, our contractors, and third party Program 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 to set up an account (e.g., name, e-mail address, telephone number, mailing address). Our Website does not collect or store full payment information (but may store partial, truncated credit card numbers), for which you will be directed to a payment contractor. We, and/or our contractors, also collect data on how our Website and Programs are used and its/their visitors/users: for example, number of page visits and duration, type of browser, visitors’ devices’ Internet Protocol (“IP”) addresses (which include general location). Some “usage data” comes through “cookies” (basically small data files sent to your device when visiting our Website or Programs) and other technologies (we’ll refer to them collectively as “cookies” for convenience), as described below. 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 info@TechContracts.com.
B. Use of Personal Information
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 name and 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 info@TechContracts.com.)
Regardless of your location, you may also manage certain (non-essential) cookies by adjusting your browser settings. Do Not Track (“DNT”) is an optional setting in a web browser that expresses a preference that websites not track your on-line behavior elsewhere. We expect our cookie management vendor to respect DNT and Global Privacy Control browser settings for visitors to our Website. (If you have cookie-blocking browser settings, our Website’s cookie banner may not show for you).
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’ or third party Program hosts/platforms (see Section E, below) own use or disclosure of information or data. We are not responsible for the conduct or policies of our contractors (or their subcontractors) or of third party Program hosts/platforms, and we urge Website visitors and Program Trainees to familiarize themselves with those policies.
C. Retention of Personal Information
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.
E. Contractor and Third Party Access to Personal Information, Cookies
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.
As described in this Policy, our contractors and third parties (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.
See our Website’s Cookie List here: https://www.techcontracts.com/cookie-list/
Contractors and third parties include, without limitation:
SiteGround, WordPress, Third-Party Plug-Ins
Our cookie management platform and cookie banner is implemented by an outside contractor, Complianz. If you are interested in its data security and privacy practices, visit: Complianz.
Our contractors include Mailchimp, which sends e-mails for us, 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 & Payment Contractors & Third Parties
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 of 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 via e-mail and through contact and course registration forms (such as your contact information, for example name, e-mail address, telephone number, mailing address). We keep that information on password-protected computers and share it with trusted contractors. We do not directly store the personal information that may be included in usage data collected by cookies and other mechanisms at our Website (with exceptions described below). Data we don’t store ourselves is collected and stored by our contractors and third party hosts/platforms, under their policies and procedures. See Section E above for information about contractors and third parties, and their policies. Unfortunately, neither we nor any website can guarantee the security of personal information or other data, including during transmission and storage. Our Website and Programs and other Offerings are offered “As Is.”
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 info@TechContracts.com.
H. Data Privacy Laws
We provide this 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 Policy. We believe therefore that TCA does not fall within most, if any, of such laws’ pre-requisites for coverage. This includes, without limitation, 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 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 Policy, contact us at info@TechContracts.com. We strive to evaluate such requests and comply to the extent required of us under then-applicable law, and 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, and can opt out of TCA marketing communications by emailing us or clicking “unsubscribe” on any e-mail.
J. Contact Us