Satisfaction Guarantee, Warranty and Limitation of Liability
Hi! Congratulations on being the sort of person who reads legal terms of service. Below, you will see the terms you’re agreeing to when you use TDC services. Thanks for joining the TDC community!
TDC warrants that this training will meet with the satisfaction of the attendees. TDC otherwise makes no warranties of any kind regarding the training, including the materials provided with the training, and specifically disclaims any other common-law or other warranty, including for purposes of illustration, the implied warranties of fitness for a particular purpose and merchantability.
TDC is not liable for any loss of profits, loss of use, business interruption, loss of data or indirect, special, incidental or consequential damages of any kind arising out of the training (or the inability of TDC to provide or complete the training as scheduled), including the materials provided with the training. TDC’s pricing reflects this allocation of risks and limitation of liability.
Cancellation/Reschedule/Refund Policy – Individual Seats/Whole Class
All payments below would be due on Net 30 terms from the date of cancellation or rescheduling by you. All cancellation or rescheduling requests by you must be received in writing via email or fax.
| Notice Given | Policy |
| More than 10 business days | Reimbursement of airfare expenses (if already incurred); return shipping of courseware and textbooks at Client’s expense if requested by TDC. |
| 6-10 business days | 50% cancellation fee or 25% rescheduling fee. |
| 1-5 business days | 100% cancellation fee or 50% rescheduling fee. |
If training must be rescheduled or cancelled by TDC, for example because of the trainer’s illness or Force Majeure, TDC will not charge for any additional costs incurred by TDC due to the rescheduling or cancellation, but TDC otherwise has no liability as explained in the Limitation of Liability in the prior section.
Force Majeure
The Dataverse Company Inc. shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature.
Limitation of Liability
The Client acknowledges and agrees that The Dataverse Company Inc. will not be liable for any losses or damages, whether indirect, incidental, special or consequential, in profits, goods or services, irrespective of whether or not the Client has been advised or otherwise might have anticipated the possibility of such loss or damage. No Guarantee The client acknowledges and agrees that The Dataverse Company Inc. cannot guarantee the results or effectiveness of any of the services rendered or to be rendered. Rather, services shall be executed in a professional manner and in accordance with good industry practice. Best efforts will be used but no results are promised.
Restrictions on Use of the Services
You agree not to use or permit use of the services, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (e) constitute an infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded to TDC under this agreement, TDC reserves the right to remove or disable access to any material that violates the foregoing restrictions. TDC shall have no liability to you in the event that TDC takes such action. You agree to defend and indemnify TDC against any claim arising out of a violation of your obligations under this section.
Feedback
“Feedback” shall mean any input regarding TDC’s products and/or services, including changes or suggested changes to TDC’s current or future products and/or services. Notwithstanding anything that you may note or state in connection with providing Feedback, all Feedback provided by you shall not be considered confidential information and shall be received and treated by TDC on a non-confidential and unrestricted basis. You agree that TDC or its licensors retain all ownership and intellectual property rights (including all derivatives or improvements thereof) in and to any Feedback provided by you or any other party, and acknowledge that TDC may use the Feedback for any purpose, including but not limited to incorporation or implementation of such Feedback into an TDC product or service, and to display, market, sublicense and distribute such Feedback as incorporated or embedded in any product or service distributed or offered by TDC.
Disputes: Timing and Resolution
Our goal is to satisfy Client expectations, and TDC has prospered by exceeding its clients’ expectations. Nonetheless, TDC recognizes that a dispute could arise between Client and TDC, which is why the provisions above about cancellations, warranties and limitations are included in this proposal or Statement of Work.
In the event that Client or TDC claim that there has been a breach of the proposal or Statement of Work or the services provided pursuant to the proposal or Statement of Work, no action asserting such a claim can be brought more than one (1) year after the party bringing the claim knew or reasonably should have known about the alleged breach. Any such claim shall be governed by the law of the State of California and asserted in a federal or state court of competent jurisdiction physically located in County of Ventura, United States of America. Client and TDC consent to the personal jurisdiction of those courts for this purpose.
Revised Dec 2023