LEGAL NOTICE (Terms of Use Agreement)

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of Training Capital and the its services. By using Training Capital, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Training Capital Website) or you are a "Member" (which means that you have registered with TrainingCapital.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Training Capital website (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Training Capital Website and discontinue use of Training Capital immediately. If you wish to become a Member, communicate with other Members and make use of Training Capital’s Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Training Capital's policy for acceptable use of Training Capital’s Services and Content posted on the Training Capital Website, your rights, obligations and restrictions regarding your use of the Training Capital Services and Training Capital's Privacy Policy. In order to participate in certain Training Capital Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Training Capital Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@trainingcapital.com.

Training Capital may modify this Agreement from time to time and such modification shall be effective upon posting by Training Capital on the Training Capital Website. You agree to be bound to any changes to this Agreement when you use the Training Capital Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on TrainingCapital.com and that you provide to other Users. Your Training Capital profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Training Capital Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Training Capital assumes no responsibility or liability for this material. If you become aware of misuse of Training Capital Services by any person, please contact Training Capital.
TrainingCapital reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Training Capital Services at any time, for any or no reason, with or without prior notice, and without liability.

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the TrainingCapital.com domain name, the "Training Capital Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF TRAINING CAPITAL'S PRIVACY NOTICE, WHICH ARE PUBLISHED AT www.trainingcapital.com/pages/07_legal_notice.html , AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Training Capital Website.

These Terms of Service apply to all users of the Training Capital Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Training Capital Website may contain links to third party websites that are not owned or controlled by Training Capital. Training Capital has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Training Capital will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Training Capital from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Training Capital Website and to read the terms and conditions and privacy policy of each other website that you visit.

Website Access:
• Training Capital hereby grants you permission to use the Website as set forth in this Legal Notice/Terms of Service, provided that: (i) your use of the Website as permitted is solely for your use; (ii) you will not copy or distribute any part of the Website in any medium without Training Capital's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
• In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Training Capital immediately of any breach of security or unauthorized use of your account. Although Training Capital will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Training Capital or others due to such unauthorized use.
• You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Training Capital servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Training Capital grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Training Capital reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
Intellectual Property Rights:

The content on the Training Capital Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Training Capital, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Training Capital reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Training Capital Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Training Capital Website or the Content therein.

User Submissions of Content:

The Training Capital Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Training Capital does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
1. you own or have the necessary licenses, rights, consents, and permissions to use and authorize Training Capitalto use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Training Capital, you hereby grant Training Capital a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Training Capital Website and Training Capital's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Training Capital Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Training Capital Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Training Capital Website.
In connection with User Submissions, you further agree that you will not:

1. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Training Capital all of the license rights granted herein;
2. Publish falsehoods or misrepresentations that could damage the Training Capital brand or any third party promotions;
3. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
4. Post advertisements or solicitations of business:
5. Include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);
6. Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;
7. To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person. Despite all this, Training Capital cannot guarantee the accuracy, integrity or quality of Content
8. Impersonate another person. Training Capital does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Training Capital expressly disclaims any and all liability in connection with User Submissions. Training Capital does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Training Capital will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Training Capital reserves the right to remove Content and User Submissions without prior notice. Training Capital will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Training Capital also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Training Capital may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
• For clarity, only DMCA notices should be sent to our office. You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
• You understand that when using the Training Capital Website, you will be exposed to User Submissions from a variety of sources, and that Training Capital is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Training Capital with respect thereto, and agree to indemnify and hold Training Capital, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
• Training Capital permits you to link to materials on the Website. In addition, Training Capital provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Training Capital website on the pages containing the Embeddable Player. Training Capital reserves the right to discontinue any aspect of the Training Capital Website at any time.
This Agreement is accepted upon your use of the Training Capital Website or any of the Training Capital Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Training Capital regarding the use of the Training Capital Services. The failure of Training Capital to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Training Capital is a trademark of Training Capital, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Training Capital Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Training Capital Website.

These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Training Capital that arises in whole or in part from the Training Capital Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Service, together with the Privacy Notice at www.trainingcapital.com/pages/08_privacy.html and any other legal notices published by Training Capital on the Website, shall constitute the entire agreement between you and Training Capital concerning the Training Capital Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Training Capital's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Training Capital reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Training Capital Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND TRAINING CAPITAL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TRAINING CAPITALWEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.