TERMS OF USE
Last updated January 26, 2020
1. ACCEPTANCE OF TERMS
1.1. Your access to and use of trevorcalton.com ("our Website") is subject to these terms, conditions and disclaimers (the “Terms of Use”) and the Privacy Policy. Please read these Terms of Use carefully before you start to use our Website. By using our Website you accept the Terms of Use in full and agree to abide by them. If you do not accept these Terms of Use or any part of them you must not use our Website.
1.2. You must be at least 18 years of age to use our Website or, if you are under 18 years of age, have the permission of your parent or guardian to use our Website. By using our Website you warrant and represent that you are at least 18 years of age or otherwise have the permission of your parent or guardian to use our Website.
2. ABOUT US
The website trevorcalton.com is a Website operated by Evergreen Capital Advisors LLC dba Trevor Calton Training (“Trevor Calton Training”, "we”, “us” or “our”). We are a limited liability company registered in the state of Oregon, USA. Our address is at 10940 SW Barnes Rd. #291, Portland, OR 97225. You can contact us by email at hello @ trevorcalton.com.
3. ACCESSING OUR WEBSITE
3.1. Access to our Website is permitted on a temporary basis, and we reserve the right to suspend, withdraw or amend the contents of our Website (in whole or in part) or any services provided via our Website or advertised on our Website without notice and without the need to give reason.
3.2. We will not be liable if for any reason our Website is unavailable at any time or for any period.
3.3. From time to time, we may restrict access to some parts of our Website, or the entire Website, to users who have registered with us.
3.4. If you choose, or you are provided with, a user identification code, password or any other piece of information to access restricted areas of our Website, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code, password or other piece of information, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. We may also disable your identification code, password or other piece of information in our sole discretion without notice or explanation.
3.5. You are responsible for making all arrangements necessary for you to have access to our Website.
3.6. You must ensure that all persons who access our Website through your internet connection are aware of these Terms of Use and that they comply with them.
4. INTELLECTUAL PROPERTY AND LICENCE TO USE
4.1. All copyright, trade marks and all other intellectual property rights in our Website and its content (including, without limitation, our Website design, brands, logos, text, artwork, photographs, images, audio material, video material, audio-visual material, graphics and all software and source codes connected with our Website) are owned by or licensed to Trevor Calton Training or otherwise used by Trevor Calton Training as permitted by law. Other than the rights of use set out below, all such rights in respect of our intellectual property are reserved.
4.2. You may view, print and download material from our Website for your own personal, non-commercial use, subject to the restrictions set out below and elsewhere in these Terms of Use.
4.3. Unless otherwise agreed by us in writing, you must not:
(a) republish material from our Website or reproduce any part of our Website (including republication or reproduction on another website);
(b) sell, rent or sub-license material from our Website;
(c) show any material from our Website in public;
(d) use any part of the materials on our Website for a commercial purpose;
(e) edit or otherwise modify any material on our Website;
(f) redistribute material from our Website;
(g) frame the content of our Website or use any similar technology in relation to the content of our Website (i.e. make it look like it is still on your Website); or
(h) modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.4. In using any material from our Website (as permitted in these Terms of Use), our status (and that of any identified contributors) as the authors of the material on our Website must always be acknowledged.
4.5. Nothing contained on our Website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any logos, brand identities and other trademarks and service marks (collectively, the "Marks") that are the property of, or are licensed to, Trevor Calton Training Limited and displayed on our Website without written permission of Trevor Calton Training Limited or any third party that may own a Mark displayed on our Website.
4.6. If you wish to make any use of material on our Website other than that set out above, please address your request to hello @ trevorcalton.com.
4.7. We take the protection of our intellectual property very seriously. If we discover that you have used our copyright materials, trade marks and/or other intellectual property rights in contravention of the permitted uses set out in these Terms of Use, we may pursue action against you or bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
5. PROHIBITED USES
5.1. You must not use our Website:
(a) in any way that causes, or may cause, damage to our Website or impairment of the availability or accessibility of our Website or which is otherwise harmful in nature including, without limitation, transmitting, storing, hosting, sending, uploading, using, publishing or distributing any material that contains (or is linked to) spyware, adware, computer viruses, Trojan horses, worms, time-bombs, keystroke logger, root kit, corrupted data, or other potentially harmful or malicious software or data;
(b) in any way which is, or may be, or which encourages conduct that is or may be, unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) to transmit or send unsolicited or unauthorized commercial communications (including, without limitation, any advertising. marketing or promotional material) and/or links to such communications.
(d) to conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to our Website unless you have received our express written consent.
6. USER GENERATED MATERIAL
6.1. In these Terms of Use, user generated material means material (including, without limitation, text, images, artwork, graphics, photographs, audio material, video material and audio-visual material) that you submit to our Website, for whatever purpose.
6.2. Any submissions you make to our Website must:
(a) be accurate (where they state facts);
(b) be genuinely held (where they state opinions); and
(c) comply with applicable law in the US and in any country from which they are submitted.
6.3. Submissions must not contain any material that is discriminatory; obscene, offensive, hateful or inflammatory; pornographic; defamatory; liable to incite racial hatred; promotes violence; in breach of confidentiality or privacy; which may cause annoyance, inconvenience or needless anxiety or embarrassment to others; fraudulent; to impersonate any person, or to misrepresent your identity or affiliation with any person or company; likely to deceive any person; give the impression that it emanates from us, if this is not the case; or which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to applicable law or regulation (including, without limitation, breach of intellectual property rights and computer misuse).
6.4. We reserve the right to edit or remove any material submitted to our Website, or stored on our servers or hosted or published on our Website.
6.5. By submitting material to our Website, you warrant that any such material complies with these Terms of Use, and you indemnify us for any breach of that warranty.
6.6. Any material you submit to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
6.7. Notwithstanding our rights under these Terms of Use in relation to user generated material, we do not undertake to monitor the submission of such material to, or the publication of such material on, our Website. We will not be responsible, or liable to any third party, for the content or accuracy or completeness of any materials submitted by a user of our Website.
7. RELIANCE ON MATERIAL
The contents of our Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
8. LINKS TO THIRD PARTY WEBSITES
8.1. Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information and convenience only. Any link to other websites or resources is not an endorsement of such websites or resources and we make no representations about them or any material contained in them. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access a third party website linked to from our Website, it is at your own risk.
8.2. If you would like us to remove a link to your website that is included on our Website, please contact us at hello @ trevorcalton.com. However, unless you have a legal right to demand removal, such removal will be at our discretion.
9. LINKING TO OUR WEBSITE
9.1. We welcome links to our Website. If you would like to link to our Website, you may only do so on the basis that you link to, but do not replicate, any page on our Website, and subject to the following conditions:
(a) you only do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
(b) you do not in any way suggest or imply any form of association, approval or endorsement on our part where none exists;
(c) you do not misrepresent your relationship with us or present any false information about us;
(d) you do not link from any Website that is not owned by you or for which you do not otherwise have permission;
(e) your website must not contain any material that is discriminatory; obscene, offensive, hateful or inflammatory; pornographic; defamatory; liable to incite racial hatred; promotes violence or which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to applicable law or regulation;
(f) you must not use our logo to link to our Website (or otherwise) without our express written permission;
(g) you must not frame the content of our Website or use any similar technology in relation to the content of our Website (i.e. make it look like it is still on your Website); and
(h) links pointing to our Website should not be misleading and appropriate link text should always be used.
9.2. You agree that, should we request the deletion of a link to our Website that is within your control, you will promptly delete the link.
9.3. We reserve the right to withdraw linking permission without notice
10. SPAM
10.1. We have a zero-tolerance towards spam. In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose
10.2. Our messaging systems automatically scan all incoming email and other messages and filter-out messages that appear to be spam.
10.3. No message filtering system is 100% accurate and from time to time legitimate messages may be filtered out by our systems. If you believe this has happened to a message you have sent, please advise the message recipient by another means. You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.
10.4. In the unlikely event that you receive any message purporting to be from us or sent using our systems that may be considered to be spam, please contact us at hello @ trevorcalton.com and the matter will be investigated.
11. DISCLAIMERS AND LIMITATION OF LIABILITY
11.1. We take reasonable steps to ensure that the information on our Website (other than user generated material) is correct. However, we do not warrant or guarantee the completeness or accuracy of the material displayed on our Website. We may make changes to the material on our Website at any time and without notice. The material on our Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up-to-date.
11.2. To the maximum extent permitted by law, we (and any other party (whether or not involved in producing, maintaining or delivering our Website or services in connection with it)) hereby expressly exclude:
(a) all representations, warranties, conditions and other terms relating to our Website and the use of our Website which might otherwise be implied by statute, common law or the law of equity;
(b) any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any Websites linked to it and any materials posted on it, including, without limitation any liability for servicing or repair costs, any loss or corruption of any data, database or software, loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.3. Nothing in these Terms of Use shall be construed so as to exclude or limit our or your liability for (i) death or personal injury resulting from negligence; (ii) fraud; or (iii) fraudulent misrepresentation as to a fundamental matter; or (iv) any other liability which cannot be excluded or limited under Oregon law.
12. INDEMNITY
You hereby indemnify and hold Trevor Calton Training and its employees and agents harmless from and against all liabilities, damages, losses, costs and other expenses (including, without limitation, legal fees and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use or other liabilities arising out of your use of our Website.
13. INFORMATION ABOUT YOU
13.1. We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.
13.2. We will report any breaches of applicable law or regulation to law enforcement authorities and we will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person using our Website or submitting material to our Website in breach of applicable law or regulations.
14. TRANSACTIONS CONCLUDED THROUGH OUR WEBSITE
Contracts for the supply of goods or services formed through our Website or as a result of visits made by you are governed by our Terms and Conditions of Online Courses, together with our Privacy Policy.
15. CHANGES TO WEBSITE AND TERMS OF USE
15.1. We may:
(a) change or remove (temporarily or permanently) our Website or any part of it without notice and you confirm that Trevor Calton Training shall not be liable to you for any such change or removal; and
(b) change these Terms of Use at any time, and by continuing to use our Website following any changes you confirm that you accept such changes and agree to abide by them, so please check this page regularly to ensure that you are familiar with the current version. Unless otherwise stated, the current version shall supersede and replace all the previous versions of the Terms of Use.
16. ASSIGNMENT
16.1. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.
16.2. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.
17. SEVERABILITY
If any provision of these Terms of Use should be determined to be invalid, illegal and/or unenforceable for any reason by any court or other competent authority then such provision shall be severed and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable. If any invalid, illegal and/or unenforceable provision would be valid, lawful and/or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. BREACH
18.1. Without prejudice to our other rights under these Terms of Use, if you breach any of these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our Website, prohibiting you from accessing our Website, blocking computers using your IP address from accessing our Website, contacting your internet service provider to request that they block your access to our Website, bring court proceedings against you and/or we may take any other action available to us in law. We exclude liability for any action taken in response to your breach of these Terms of Use.
18.2. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights in respect of such breach.
19. EXCLUSION OF THIRD PARTY RIGHTS
These Terms of Use are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.
20. ENTIRE AGREEMENT
These Terms of Use, together with our Privacy Policy constitute the entire agreement between you and us in relation to your use of our Website and supersede all previous agreements in respect of your use of our Website. Purchasers of online courses or other products or services from Trevor Calton Training, Trevor Calton, or our website may be required to accept additional terms.
21. GOVERNING LAW
These Terms of Use shall be governed by and construed in accordance with Oregon law and by accessing our Website you submit to the exclusive jurisdiction of the US courts, although we retain the right to bring proceedings against you for breach of the Terms of Use in your country of residence or any other country.
22. YOUR CONCERNS
If you have any concerns about material that appears on our Website, please contact hello @ trevorcalton.com.