Effective date: 11/11/2016
TwoCan Corporation (“TwoCan”, “we”, and/or “us”) is the owner and operator of the website located at https://twocan.com and twocanx.com (“Website”).
The Terms are applicable to both (a) corporate users (“Employers”) who set up certain Services for third parties, including company employees and their families (collectively, “Employees”) and (b) to individuals who access the Services. The terms “you”, “your”, and “Users” encompass all users, including both corporate users, individual users and anyone else who accesses the Services.
If you are agreeing to the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and other affiliated Users including its Employees. In that case, the terms “you” or “your” shall also refer to such entity, its Employees, and its other affiliates. If you do not have such authority, or if you do not agree with the Terms, you may not access the Services. You acknowledge that the Terms constitute a contract between you and TwoCan, even though they are electronic and not physically signed by you and TwoCan, and they govern your use of the Services.
You agree that your access to and use of the Services is subject to the Terms and all applicable laws, and that any such access or use is undertaken at your own risk.
If you have any questions about the Terms or any of our other policies, please contact us at firstname.lastname@example.org
We Reserve the Right to Update and Revise These Terms at Any Time
By using the Services you understand and agree that TwoCan may share information about you and your transaction(s) with other companies for any business purposes, including without limitation, processing your payments or other transaction(s), fraud prevention, and credit card authorization. You also understand and agree that where applicable certain information about you and content you provide may be shared with your Employer and other Users as set forth herein and in the Terms.
Availability and Quality
From time to time the Services may be unavailable for reasons beyond our control, such as power and telephone outages, internet service disruptions, and other network errors. We expressly disclaim all liability for such interruptions. If participation in a Session is restricted or substantially interrupted due to inaccessibility attributed to TwoCan, you will be credited for such Session on a pro-rata basis.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or due to other causes beyond our control. TwoCan shall use reasonable efforts to provide notice of any scheduled material disruption in service. The academy TwoCan has a 12 hour cancellation policy that is that you need to cancel within 12 hour's notice otherwise this class will be charged as a class. All cancellations should be sent to your assigned teachers email address.
Downloads and Additional Software
You are responsible for ensuring your access to the Services, including installing necessary hardware and operating system and browser software, maintaining a reliable Internet connection, modifying your firewall settings. Your use of the Services may require you to download software, data, or content which may require that you agree to additional terms and conditions. Any content or software downloaded or otherwise obtained from the Services or any third party software provider is at your own discretion and risk, and you are solely responsible for any resulting damage, including damage to your computer system or loss of data.
The Services are compatible with most commercially available browsers and operating systems. Adobe Flash is required on PCs in order to transmit and receive WebCam signals. Some Services, including the Sessions, require both Internet access and a direct telephone connection landline, Voice Over IP, or access to Skype.
Users are required to update necessary software and hardware as reasonably requested by TwoCan.
Content Submitted by You and Others
“Your Content” means any non-public data or content you upload, post, transmit or otherwise make available via the Services (which may include data you import from Non-TwoCan products you use). Your Content includes communications with your TwoCan instructors, files you upload, comments, assessment and survey results, test results, homework, Session video and audio recordings of you, reports about your progress (even if created by us), profile and account information and anything else you enter or upload into the Services. You retain all rights and ownership of Your Content. You are solely responsible for the Your Content, its accuracy, and for the consequences of submitting or posting Your Content. We are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations constituting Your Content, and we specifically disclaim any liability in connection therewith.
License to Your Content. We do not claim any ownership rights to Your Content. We do, however, require certain licenses from you, as set forth in the Terms, to Your Content in order to operate and enable the Services. For example, we need to be able to transmit, store, record, and copy Your Content in order to display it to you, your TwoCan instructor, Employer, or other Users in your group Session; create backups to prevent data loss and to monitor and maintain quality control; and anything else TwoCan deems necessary to provide the Services. Your acceptance of the Terms gives us the permission to do so and grants us any rights necessary to provide the Services to you.
Conduct and Misuse
In addition to any other act that TwoCan in its sole discretion deems to be misuse, you may not:
copy, modify, host, stream, sublicense, resell, share, transfer, or create work derivative of the Services, including any content or information related to the Sessions;
enable or allow others to use the Services using your account information;
use the Services to construct any kind of database;
access or attempt to access the Services by any means other than the interface we provided or authorized;
share content or engage in behavior that violates anyone’s intellectual property rights;
upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
attempt to disable, impair, or destroy the Services;
use the Services to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
publish anyone’s identification documents or sensitive financial information;
>disrupt, interfere with, or inhibit any other Users from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
place advertisement of any products or services in the Services;
manipulate identifiers in order to disguise the origin of any of Your Content or other content, including Public Content;
upload, post, transmit, or otherwise make available any of Your Content or other content, including Public Content, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
use any data mining or similar data gathering and extraction methods in connection with the Services;
violate any applicable law or regulation;
violate the Terms; or
collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
You are responsible for your conduct, Your Content, your Public Content, and all communications with others while using the Services. We are not responsible for the accuracy, appropriateness, or legality of content submitted by you, your Employees or Employers, or any other Users or any other information you may be able to access using the Services.
Payment/Credit Card Information
Some of our Services are accessible only for a fee, as set forth in the Letter Agreement. If you are required to pay for the Services on behalf of yourself or your Employees, you agree to provide current, complete, and accurate purchase and account information for all orders placed with TwoCan. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You agree to pay TwoCan in accordance with the Letter Agreement, and you authorize TwoCan to bill your payment instrument in advance on a periodic basis in accordance with such terms. TwoCan will not commence performance, and the Letter Agreement shall not take effect, until TwoCan has accepted a purchase order submitted by you and has received all payments.
If you dispute any charges you must let us know within sixty (60) days after the date that the charge was incurred. All amounts paid are non-refundable, and we reserve the right to change our prices in the future. If we increase our prices for your service plan, we will provide notice of the change to you at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed amount. Past due fees are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection.
If your credit card has already been charged for Services that are later cancelled, we will issue you a refund. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the registration was made.
Taxes and Third Party Fees
You must pay any applicable taxes, and any applicable third party fees (including, for example, telephone charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). When you connect to a Session or audio conference, including when you select the “call me” option on the Services, you may incur fees from third parties such as your mobile or telephone service provider. TwoCan is not responsible for these fees, and those third party fees are not included in the Service fees. You should contact your service providers if you have questions about connecting to the Services or audio conferences.
You understand and agree that TwoCan has no duty to take any action regarding which Users access the Services, what content you access via the Services, what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of your exposure to the content.
You release us from all liability related to you acquiring or not acquiring content through the Services. No advice or information, whether oral or written, obtained through the Services, including via a TwoCan instructor, shall create any warranty whatsoever. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations or individuals.
Some of the Services are a public forum, and other Users or third parties may attempt to obtain personal information about you in order to harass or injure you. By using the Services you acknowledge and agree that TwoCan is not responsible for others’ misuse of Your Content or Public Content or any other information related to your use of the Services.
You acknowledge that Your Content may be transmitted or handled in an unencrypted manner if you use unencrypted gateways to connect to the Services. While TwoCan takes measures to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that those transmissions will be encrypted. You acknowledge that you are solely responsible for backing up Your Content and for providing your own adequate security protection, including maintaining your browser security settings and using up-to-date anti-virus software. TwoCan shall have no liability to you for any unauthorized access or use of any of Your Content or Public Content or any corruption, deletion, or destruction of any of content.
If you have any questions, complaints, or claims with respect to the Services or any of the TwoCan agreements or Terms, you may contact us at email@example.com