Agreement between User and T1G.com
Welcome to T1G.com. The T1G.com website (the “Site”) is comprised of various web pages operated by Tier 1 Group, LLC and/or its affiliates or subsidiaries (collectively, “T1G”). T1G.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of T1G.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
T1G.com is an informational website intended to inform users about T1G and its training capabilities and facilities. None of the content contained on the Site should be construed as an offer to any party to provide any goods or services.
Visiting T1G.com or sending emails to T1G constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. By providing or submitting any information to T1G through the Site, you represent and warrant to T1G that you are entitled to submit the information, and that the information is accurate and truthful, and not misleading, confidential, proprietary or provided in violation of any contractual restriction or other third party right.
Children Under Thirteen
T1G does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use T1G.com only with permission of a parent or legal guardian.
Links to Third Party Sites/Third Party Services
T1G.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of T1G and T1G is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. T1G is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by T1G of the site or any association with its operators. Any click on a link to a Linked Site is solely at your own risk.
Certain services made available via T1G.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the T1G.com domain, you hereby acknowledge and consent that T1G may share such information and data with any third party with whom T1G has a contractual relationship to provide the requested product, service or functionality on behalf of T1G.com users and customers.
T1G prohibits unauthorized hypertext links to the Site. T1G reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content of any other websites linked to the Site. Other websites that are linked to the Site have their own terms and conditions (including privacy policies), and access to any other websites linked to the Site is at your own risk.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use T1G.com strictly in accordance with the Terms. As a condition of your use of the Site, you warrant to T1G that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included on the Site, such as text, graphics, logos, images and videos, as well as the compilation thereof, and any software used on the Site, is the property of T1G or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. T1G content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of T1G and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of T1G or our licensors except as expressly authorized by these Terms.
The Site is controlled, operated and administered by T1G from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all international laws, and all applicable laws of your jurisdiction, in addition to applicable federal, state and local laws applicable in the State of Arkansas. You agree that you will not use the Site or any content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. Nothing contained in these Terms or on the Site should be construed as a solicitation or promotion for any service or product that is not authorized by the laws, restrictions and regulations of the country where you reside or access the Site. The UN Convention on Contracts for the International Sale of Goods shall not apply to your use of the Site.
You agree to indemnify, defend and hold harmless T1G, its officers, directors, employees, agents and third parties, for any claims, damages, losses, costs, liabilities and expenses (including attorney’s fees and legal costs) relating to or arising out of your use of or inability to use the Site or T1G’s services, any user postings made by you, your violation of any of the Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. T1G reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with T1G in asserting any available defenses and pursuing settlement.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise for monetary damages (but excluding injunctions, equitable remedies and other relief that is not a claim for monetary damages, which relief may only be awarded by a court of competent jurisdiction), then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator in the English language and administered by the American Arbitration Association, or a similar arbitration service mutually acceptable to the parties, in the State of Arkansas. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. The parties agree to arbitrate all disputes and claims for monetary damages in regards to these Terms and Conditions or any disputes for monetary damages arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims for monetary damages that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration or other legal proceedings under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and T1G agree otherwise, the arbitrator or judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, VIDEOS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. T1G AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
T1G AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, VIDEOS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, VIDEOS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. T1G AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THIS INFORMATION, VIDEOS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OR OTHERWISE ARISING UNDER THESE TERMS, MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, AND THEREAFTER SHALL BE TIME BARRED.
T1G reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. These terms and your use of the Site are governed by the substantive laws of the State of Arkansas without regard to conflicts of laws principles, and the Federal Arbitration Act where applicable, and you hereby consent to the exclusive jurisdiction and venue of courts in Arkansas in all judicial disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and T1G as a result of these Terms or use of the Site. T1G’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of T1G’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by T1G with respect to such use. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and T1G with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and T1G with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without T1G’s express written consent. T1G may assign, transfer or sublicense any or all of its rights or obligations under these Terms without restriction.
Changes to Terms
T1G reserves the right, in its sole discretion, to change the Terms under which T1G.com is offered. The most current version of the Terms will supersede all previous versions. T1G encourages you to periodically review the Terms to stay informed of our updates.
T1G welcomes your questions or comments regarding the Terms:
Tier 1 Group, LLC
Crawfordsville, Arkansas 72327
Telephone number: 866.496.9916
Effective as of August 01, 2019