Terms and Conditions



Acceptable Terms of Use

These Acceptable Terms of Use ("Terms") were last updated on May 11, 2019.

Technology Vendor Management Educational Services LLC is referred as TVMES for all practical purpose of this document and throughout the site. TVMES’s mission is to provide Technology VMO leaders a unique set of learning capabilities including:

  • Targeted tools to support accurate and detailed operational self-assessments
  • Training and course materials to enhance team member capability and performance

Insightful advisory services that produce detailed action plans and operational blueprints improve lives through learning. We consider our marketplace model the best way to offer valuable VMO educational content to our users. We need rules to keep our platform and services safe for you. These Terms apply to all your activities on the sammaturity website, mobile applications, our APIs and other related services (“Services”).

We also provide details regarding our processing of personal data of our learners in our Privacy Policy. If you are using sammaturity as part of your employer’s Business learning and development program (L&D), you can consult our L&D Privacy Statement.

If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with TVMES through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.

Table of Contents

  1. Accounts
  2. Course Enrollment
  3. Payments, Credits, and Refunds
  4. Content and Behavior Rules
  5. TVMES’s Rights to Content You Post
  6. Using TVMES at Your Own Risk
  7. TVMES’s Rights
  8. Miscellaneous Legal Terms
  9. Dispute Resolution
  10. Updating These Terms
  11. How to Contact Us

1. Accounts

You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use TVMES.

You need an account for most activities on our platform, including to purchase and enroll in a course or to use TVMES online tools. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.

If you share your account login credential with someone else, you are responsible for what happens with your account and TVMES will not intervene in nature of disputes. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

Learners must be at least 18 years of age to create an account on TVMES and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account.

You can terminate your account at any time by following the steps here. Check our Privacy Policy to see what happens when you terminate your account.


2. Course Enrollment

When you enroll in a course, you get a license from us to view it via the TVMES Services and no other use. Don’t try to transfer or resell learning materials or templates in any way. We grant you 6 months access license, except when we must disable the course because of legal or policy reasons.

As a student, when you enroll in a course, whether it’s a free trial or paid course, you are getting from TVMES a license to view the course via the TVMES platform and Services, and TVMES is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

In legal, more complete terms, TVMES grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a TVMES authorized representative. This also applies to content you can access via any of our APIs.

We generally give 6 months access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Trust & Safety Guidelines. The given access is not applicable to add-on features and services associated with a course, for example translation captions of courses may be disabled by TVMES SME’s at any time, and an SME may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the 6 months access is to the course content but not to the SME.

SME’s may not grant licenses to their courses to student directly and any such direct license shall be null and void and a violation of these Terms.


3. Payments, Credits, and Refunds

3.1 Pricing

The prices of courses on TVMES are determined based on the terms set by TVMES Executives.

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.

If you are logged into your account, the listed currency you see is in Us dollars. If you are not logged into your account, the price currency is in Us dollars. We do not enable users to see pricing in other currencies.

If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.

3.2 Payments

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as paypal, SEPA, direct debit, or mobile wallet) for those fees. TVMES works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our  Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course purchase on our website but can’t be used for purchases in our mobile or TV applications. Credits may expire if not used within the specified period and have no cash value.

3.3 Refunds and Credits

If the course you purchased is not what you were expecting, you can request, within 10 days of your purchase of the course, that TVMES credit/refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your course (website, mobile or TV app). No credit or refund is due to you if you request it after the 10-day guarantee time limit has passed.

To request a credit/refund, follow the steps here. As detailed in the SME Agreement, for more details. SME’s agree that students have the right to receive these credits or refunds.

At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms or our Trust & Safety Guidelines, you will not be eligible to receive any credit or refund.


4. Content and Behavior Rules

You can only use TVMES for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government.

If you are a student, the Services enable you to ask questions to the SME’s of courses you are enrolled in, and to post reviews of courses. For certain courses, the SME invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

If you are an SME, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the SME Agreement, before you submit any course for publication on TVMES.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government.

If you are a student, the Services enable you to ask questions to the SME’s of courses you are enrolled in, and to post reviews of courses. For certain courses, the SME invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

If you are an SME, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the SME Agreement, before you submit any course for publication on TVMES.

If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust & Safety Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. TVMES complies with copyright laws. Check out our Intellectual Property Policy for more details.

TVMES has discretion in enforcing these Terms and our  Trust & Safety Guidelines. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

If one of our SME’s has published a course that infringes your copyright or trademark rights, please let us know. Under our SME Agreement, we require our SME’s to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.

5. TVMES’s Rights to Content You Post

You retain ownership of content you post to our platform. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites. The content you post as a student remains yours. By posting courses and other content, you allow TVMES to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an SME, be sure to understand the course licensing terms that are detailed in the SME Agreement.

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize TVMES to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with TVMES for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

6. Using TVMES at Your Own Risk

Anyone can use TVMES to create and publish courses and SME’s and we enable SME’s and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use TVMES at your own risk. TVMES enables extensive subject matter expertise of SME’s to create and share educational content. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enroll a course, you rely on any information provided by an SME at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. TVMES has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrollment in a course.

When you interact directly with a student or an SME, you must be careful about the types of personal information that you share. We do not control what students and SME’s do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of SME’s or students

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

7. TVMES’s Rights

We own the TVMES platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

All right, title, and interest in and to the TVMES platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by SME’s and students) are and will remain the exclusive property of TVMES and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the TVMES name or any of the TVMES trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TVMES or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the TVMES platform and Services:

  • access, tamper with, or use non-public areas of the platform, TVMES’s computer systems, or the technical delivery systems of TVMES’s service providers.
  • disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
  • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the TVMES platform or Services.
  • access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
  • in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as TVMES); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8. Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

8.1 Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with TVMES. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an SME accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Term in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are an SME, the SME Agreement and the Pricing and Promotions Policy).

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrollment ), 5 (TVMES’s Rights to Content You Post), 6 (Using TVMES at Your Own Risk), 7 (TVMES’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our SME’s is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language,the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will TVMES or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are risks inherent into using our Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($2,000) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless TVMES, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Colorado, USA without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of federal and state courts in Denver, Colorado, USA.

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@TVMES.com).

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.


9. Dispute Resolution

If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.

9.1 Small Claims

Either of us can bring a claim in small claims court in

  1. Denver, Colorado,
  2. the county where you live, or
  3. another place we both agree on, as long as it qualifies to be brought in that court.

9.2 Going to Arbitration

If we can’t resolve our dispute amicably, you and TVMES agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

9.3 The Arbitration Process

Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes.

You and we agree that the following rules will apply to the proceedings:

  1. the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief);
  2. the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise);
  3. any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.

9.4 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means:

  1. neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action;
  2. an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and
  3. an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

9.5 Changes

Notwithstanding the “Updating these Terms” section below, if TVMES changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing TVMES written notice of such rejection by mail or hand delivery to: TVMES, Inc. Attn: Legal, 15599 W La Salle Ave ,Lakewood ,CO 80228 United States or by email from the email address associated with your Account to: support@TVMES.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and TVMES in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.


10. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and TVMES reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.


11. How to Contact Us

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.

TVMES appreciates your contribution and feedback on sammaturity. Enjoy your learning!!!

Privacy Policy

This Privacy Policy was last updated on May 11, 2019.

Technology Vendor Management Educational Services LLC is referred as TVMES for all practical purpose of this document and throughout the site. Sammaturity.com is governed and managed by Technology Vendor Management Educational Services LLC.

While we have not made any material changes to the way we process data about our users, we have updated this policy to make it shorter and easier to read, and to comply with the EU General Data Protection Regulation coming into force on April 25, 2019.

Thank you for joining the world’s largest online learning marketplace. We at TVMES, LLC. (“TVMES”, “we”, “us”) respect your privacy and want you to understand how we collect, use, and share data about you. This Privacy Policy covers our data collection practices and describes your rights to access, correct, or restrict our use of your personal data.

Unless we link to a different policy or state otherwise, this Privacy Policy applies when you visit or use the TVMES website, mobile applications, APIs or related services (the “Services”).

By using the Services, you agree to the terms of this Privacy Policy. You shouldn’t use the Services if you don’t agree with this Privacy Policy or any other agreement that governs your use of the Services.

Table of Contents

  1. What Data We Get
  2. How We Get Data About You
  3. What We Use Your Data For
  4. Who We Share Your Data With
  5. Security
  6. Your Rights
  7. Jurisdiction-Specific Rules
  8. Updates & Contact Info
  9. Cookie Policy

1. What Data We Get

We collect certain data from you directly, like information you enter yourself, data about your participation in courses, and data from third-party platforms you connect with TVMES. We also collect some data automatically, like information about your device and what parts of our Services you interact with or spend time using.

1.1 Data You Provide to Us

We may collect different data from or about you depending on how you use the Services. Below are some examples to help you better understand the data we collect.

When you create an account and use the Services, including through a third-party platform, we collect any data you provide directly, including:

Account Data In order to use certain features (like enrolling in a course), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, gender, and date of birth, and assign you a unique identifying number ("Account Data”).
Profile Data You can also choose to provide profile information like a photo, headline, website link, social media profiles, or other data. Your Profile Data will be publicly viewable by others.
Shared Content Parts of the Services let you interact with other users or share content publicly, including by posting reviews on a course page, asking or answering questions, sending messages to students or SME, or posting photos or other work you upload. Such shared content may be publicly viewable by others depending on where it is posted.
Course Data When you enroll in and take courses, we collect certain data including which courses, assignments and quizzes you’ve started and completed; your exchanges with SME, teaching assistants, and other students; and essays, answers to questions, and other items submitted to satisfy course requirements.
Student Payment Data If you make purchases, we collect certain data about your purchase (such as your name and zip code) as necessary to process your order. You must provide certain payment and billing data directly to our payment processing partners, including your name, credit card information, billing address, and zip code. For security, TVMES does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.
Data About Your Accounts on Other Services We may obtain certain information through your social media or other online accounts if they are connected to your TVMES account. If you login to TVMES via Facebook or another third-party platform or service, we ask for your permission to access certain information about that other account. For example, depending on the platform or service we may collect your name, profile picture, account ID number, login email address, location, physical location of your access devices, gender, birthday, and list of friends or contacts.

Those platforms and services make information available to us through their APIs. The information we receive depends on what information you (via your privacy settings) or the platform or service decide to give us.


If you access or use our Services through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.
Sweepstakes, Promotions, and Surveys We may invite you to complete a survey or participate in a promotion (like a contest, sweepstakes, or challenge), either through the Services or a third-party platform. If you participate, we will collect and store the data you provide as part of participating, such as your name, email address, date of birth, or phone number. That data is subject to this Privacy Policy unless otherwise stated in the official rules of the promotion or in another privacy policy. The data collected will be used to administer the promotion or survey, including for notifying winners and distributing rewards. To receive a reward, you may be required to allow us to post some of your information publicly (like on a winner’s page). Where we use a third-party platform to administer a survey or promotion, the third party’s privacy policy will apply.
Communications and Support If you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your contact information, messages, and other data about you like your name, email address, location, operating system, IP address, and any other data you provide or that we collect through automated means (which we cover below). We use this data to respond to you and research your question or concern, in accordance with this Privacy Policy.

The data listed above is stored by us and associated with your account.

1.2 Data We Collect through Automated Means

When you access the Services (including browsing courses), we collect certain data by automated means, including:

System Data Technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types (
“System Data”
).
Usage Data Usage statistics about your interactions with the Services, including courses accessed, time spent on pages or the Service, pages visited, features used, your search queries, click data, date and time, and other data regarding your use of the Services (
“Usage Data”
).
Approximate Geographic Data An approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.

The data listed above is collected through the use of server log files and tracking technologies, as detailed in the “Cookies and Data Collection Tools” section below. It is stored by us and associated with your account.


2. How We Get Data About You

We use tools like cookies, web beacons, analytics services, and advertising providers to gather the data listed above. Some of these tools offer you the ability to opt out of data collection.

2.1 Cookies and Data Collection Tools

As detailed in our Cookie Policy, TVMES and service providers acting on our behalf (like Google Analytics and third party advertisers) use server log files and automated data collection tools like cookies, tags, scripts, customized links, device or browser fingerprints, and web beacons (together, “Data Collection Tools”) when you access and use the Services. These Data Collection Tools automatically track and collect certain System Data and Usage Data (as detailed in Section 1) when you use the Services. In some cases, we tie data gathered through those Data Collection Tools to other data that we collect as described in this Privacy Policy.

We use cookies (small files that websites send to your device to uniquely identify your browser or device or to store data in your browser) for things like analyzing your use of the Services, personalizing your experience, making it easier to log into the Services, and recognizing you when you return. We use web beacons (small objects that allow us to measure the actions of visitors and users using the Services) for things like identifying whether a page was visited, identifying whether an email was opened, and advertising more efficiently by excluding current users from certain promotional messages or identifying the source of a new mobile app download.

TVMES uses the following types of cookies:

  1. Preferences: cookies that remember data about your browser and preferred settings that affect the appearance and behavior of the Services (like your preferred language).
  2. Security: cookies used to enable you to log in and access the Services; protect against fraudulent logins; and help detect and prevent abuse or unauthorized use of your account.
  3. Functional: cookies that store functional settings (like the volume level you set for video playback).
  4. Session State: cookies that track your interactions with the Services to help us improve the Services and your browsing experience, remember your login details, and enable processing of your course purchases. These are strictly necessary for the Services to work properly, so if you disable them then certain functionalities will break or be unavailable.

You can set your web browser to alert you about attempts to place cookies on your computer, limit the types of cookies you allow, or refuse cookies altogether. If you do, you may not be able to use some or all features of the Services, and your experience may be different or less functional.

Some of the third-party partners who provide certain features on our site may also use Local Storage Objects (also known as flash cookies or LSOs) to collect and store data.

2.2 Analytics

We use third-party browser and mobile analytics services like Google Analytics, Hotjar, and Intercom on the Services. These services use Data Collection Tools to help us analyze your use of the Services, including information like the third-party website you arrive from, how often you visit, events within the Services, usage and performance data, and where the application was downloaded from. We use this data to improve the Services, better understand how the Services perform on different devices, and provide information that may be of interest to you.

2.3 Online Advertising

We use third-party advertising services like Facebook, Google’s ad services, and other ad networks and ad servers to deliver advertising about our Services on other websites and applications you use. The ads may be based on things we know about you, like your Usage Data and System Data (as detailed in Section 1), and things that these ad service providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services and may be tailored to your interests.

Depending on the types of advertising services we use, they may place cookies or other tracking technologies on your computer, phone, or other device to collect data about your use of our Services and may access those tracking technologies in order to serve these tailored advertisements to you. To help deliver tailored advertising, we may provide these service providers with a hashed, anonymized version of your email address (in a non-human-readable form) and content that you share publicly on the Services.

When using mobile applications, you may also receive tailored in-app advertisements. Apple iOS, Android OS, and Microsoft Windows each provide their own instructions on how to control in-app tailored advertising. For other devices and operating systems, you should review your privacy settings or contact your platform operator.

3. What We Use Your Data For

We use your data to do things like provide our Services, communicate with you, troubleshoot issues, secure against fraud and abuse, improve and update our Services, analyze how people use our Services, serve personalized advertising, and as required by law or necessary for safety and integrity.

We use the data we collect through your use of the Services to:

  1. Provide and administer the Services, including to display customized content and facilitate communication with other users;
  2. Process your requests and orders for courses, products, specific services, information, or features;
  3. Communicate with you about your account by:
    1. Responding to your questions and concerns;
    2. Sending you administrative messages and information, including messages from SME and teaching assistants, notifications about changes to our Service, and updates to our agreements;
    3. Sending you information and in-app messages about your progress in courses, rewards programs, new services, new features, promotions, newsletters, and other available courses (which you can opt out of at any time);
    4. Sending push notifications to your wireless device to provide updates and other relevant messages (which you can manage from the “options” or “settings” page of the mobile app);
  4. Manage your account preferences;
  5. Facilitate the Services’ technical functioning, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse;
  6. Solicit feedback from users;
  7. Market and administer surveys and promotions administered or sponsored by TVMES;
  8. Learn more about you by linking your data with additional data through third-party data providers or analyzing the data with the help of analytics service providers;
  9. Identify unique users across devices;
  10. Tailor advertisements across devices;
  11. Improve our Services and develop new products, services, and features;
  12. Analyze trends and traffic, track purchases, and track usage data;
  13. Advertise the Services on third-party websites and applications;
  14. As required or permitted by law; or
  15. As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services.

4. Who We Share Your Data With

We share certain data about you with SME, other students, companies performing services for us, our business partners, analytics and data enrichment providers, your social media providers, companies helping us run promotions and surveys, and advertising companies who help us promote our Services. We may also share your data as needed for security, legal compliance, or as part of a corporate restructuring. Lastly, we can share data in other ways if it is aggregated or de-identified or if we get your consent.

We may share your data with third parties under the following circumstances or as otherwise described in this Privacy Policy:

  • With Your SME: We share data that we have about you (except your email address) with SME or teaching assistants for courses you enroll in or request information about, so they can improve their courses for you and other students. This data may include things like your city, country, browser language, operating system, device settings, the site that brought you to TVMES, and your activities on TVMES. If we collect additional data about you (like age or gender), we may share that too. We will not share your email address with SME or teaching assistants. We also enable our SME to implement Google Analytics on their course pages to track sources of traffic to their courses and optimize their course pages.
  • With Other Students and SME: Depending on your settings, your shared content and profile data may be publicly viewable, including to other students and SME. If you ask a question to an instructor or teaching assistant, your information (including your name) may also be publicly viewable by other users depending on your settings.
  • With Service Providers, Contractors, and Agents: We share your data with third-party companies who perform services on our behalf, like payment processing, data analysis, marketing and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.
  • With Business Partners: We have agreements with other websites and platforms to distribute our Services and drive traffic to TVMES. For example, we work with business in USA. Depending on your location, we may share your data with these partners.
  • With Analytics and Data Enrichment Services: As part of our use of third-party analytics tools like Google Analytics and data enrichment services, we share certain contact information, Account Data, System Data, Usage Data (as detailed in Section 1), or de-identified data as needed. De-identified data means data where we’ve removed things like your name and email address and replaced it with a token ID. This allows these providers to provide analytics services or match your data with publicly-available database information (including contact and social information from other sources). We do this to communicate with you in a more effective and customized manner.
  • To Power Social Media Features: The social media features in the Services (like the Facebook Like button) may allow the third-party social media provider to collect things like your IP address and which page of the Services you’re visiting, and to set a cookie to enable the feature. Your interactions with these features are governed by the third-party company’s privacy policy.
  • To Administer Promotions and Surveys: we may share your data as necessary to administer, market, or sponsor promotions and surveys you choose to participate in, as required by applicable law (like to provide a winners list or make required filings), or in accordance with the rules of the promotion or survey.
  • For Advertising: If we decide to offer advertising in the future, we may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. We may also allow advertisers to collect System Data through Data Collection Tools (as detailed in Section 2.1), and to use this data to offer you targeted ad delivery to personalize your user experience (through behavioral advertising) and undertake web analytics. Advertisers may also share with us the data they collect about you. To learn more or opt out from participating ad networks’ behavioral advertising, see Section 6.1 (Your Choices About the Use of Your Data) below. Note that if you opt out, you’ll continue to be served generic ads.
  • For Security and Legal Compliance: We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:
    • Permitted or required by law;
    • Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
    • Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request;
    • Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements;
    • Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or
    • Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of TVMES, our users, employees, members of the public, or our Services.
    • We may also disclose data about you to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy.
  • During a Change in Control: If TVMES undergoes a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition (including during due diligence).
  • After Aggregation/De-identification: we can disclose or use aggregate or de-identified data for any purpose.
  • With Your Permission: with your consent, we may share data to third parties outside the scope of this Privacy Policy.

5. Security

We use appropriate security based on the type and sensitivity of data being stored. As with any internet-enabled system, there is always a risk of unauthorized access, so it’s important to protect your password and to contact us if you suspect any unauthorized access to your account. TVMES takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that we collect and store. These measures vary based on the type and sensitivity of the data. Unfortunately, however, no system can be 100% secured, so we cannot guarantee that communications between you and TVMES, the Services, or any information provided to us in connection with the data we collect through the Services will be free from unauthorized access by third parties. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact support@TVMES.com with any concerns.

You have certain rights around the use of your data, including the ability to opt out of promotional emails, cookies, and collection of your data by certain analytics providers. You can update or terminate your account from within our Services and can also contact us for individual rights requests about your personal data. Parents who believe we’ve unintentionally collected personal data about their underage child should contact us for help deleting that information.

6.1 Your Choices About the Use of Your Data

You can choose not to provide certain data to us, but you may not be able to use certain features of the Services.

  • To stop receiving promotional communications from us, you can opt out by using the unsubscribe mechanism in the promotional communication you receive or by changing the email preferences in your account. Note that regardless of your email preference settings, we will send you transactional and relationship messages regarding the Services, including administrative confirmations, order confirmations, important updates about the Services, and notices about our policies.
  • The browser or device you use may allow you to control cookies and other types of local data storage. Your wireless device may also allow you to control whether location or other data is collected and shared. You can manage Adobe’s LSOs through their Website Storage Settings panel.
  • To get information and control cookies used for tailored advertising from participating companies, see the consumer opt-out pages for the Network Advertising Initiative and Digital Advertising Alliance, or if you’re located in the European Union, visit the Your Online Choices site. To opt out of Google’s display advertising or customize Google Display Network ads, visit the Google Ads Settings page. To opt out of Taboola’s targeted ads, see the Opt-out Link in their Cookie Policy.
  • To opt out of allowing Google Analytics, Hotjar, Mixpanel, ZoomInfo, or Clearbit to use your data for analytics or enrichment, see the Google Analytics Opt-out Browser Add-on, Hotjar Opt-Out Cookie, Mixpanel Opt-Out Cookie,ZoomInfo’s policy, and Clearbit data claiming mechanism.

If you have any questions about your data, our use of it, or your rights, contact us at support@TVMES.com 

6.2 Accessing, Updating, and Deleting Your Personal Data

You can access and update your personal data that TVMES collects and maintains as follows:

  • To update data you provide directly, log into your account and update your account at any time.
  • To terminate your account:
    • If you are a student, visit your profile settings page and follow the steps detailed here.
    • If you have any issues terminating your account, email us at support@TVMES.com 
    • Please note: even after your account is terminated, some or all of your data may still be visible to others, including without limitation any data that has been (a) copied, stored, or disseminated by other users (including in course comment); (b) shared or disseminated by you or others (including in your shared content); or (c) posted to a third-party platform. Even after your account is terminated, we retain your data for as long as we have a legitimate purpose to do so (and in accordance with applicable law), including to assist with legal obligations, resolve disputes, and enforce our agreements. We may retain and disclose such data pursuant to this Privacy Policy after your account has been terminated.
    • To request to access, correct, or delete your personal data, email support support@TVMES.com or write to us to: TVMES, LLC. Attn: Legal, 15599 W La Salle Ave ,Lakewood ,CO 80228 United States Please allow up to 30 days for a response. For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify your identity before implementing your request. Please note that we retain certain data where we have a lawful basis to do so, including for mandatory record-keeping and to complete transactions.

6.3 Our Policy Concerning Children

We recognize the privacy interests of children and encourage parents and guardians to take an active role in their children’s online activities and interests. Children under 13 (or under 16 in the European Economic Area) should not use the Services. If we learn that we’ve collected personal data from a child under those ages, we will take reasonable steps to delete it.

Parents who believe that TVMES may have collected personal data from a child under those ages can submit a request that it be removed to support@TVMES.com .

7. Jurisdiction-Specific Rules

If you live in California, you have certain rights to request information. If you live in Australia, you have the right to make a formal complaint with the appropriate government agency. Users outside of the United States should note that we transfer data to the US and other areas outside of the European Economic Area.

7.1 Users in California

If you are a California resident, you have the right to request certain details about what personal information we share with third parties for those third parties’ direct marketing purposes. To submit your request, send an email to support@TVMES.com with the phrase “California Shine the Light” and include your mailing address, state of residence, and email address.

Since the internet industry is still working on Do Not Track standards, solutions, and implementations, we do not currently recognize or respond to browser-initiated Do Not Track signals.

7.2 Users in Australia

If you are an Australia resident and you have a complaint, you may refer it to the office of the Australian Information Commissioner (“OAIC”). You can contact OAIC by visiting www.oaic.gov.au; forwarding an email to enquiries@oaic.gov.au; telephoning 1300 363 992; or writing to OAIC at GPO Box 5218, Sydney NSW 2001.

7.3 Users Outside of the U.S.

TVMES, LLC is headquartered in Colarado, and in order to provide the Services to you we must transfer your data to the United States and process it there. By visiting or using our Services, you consent to storage of your data on servers located in the United States. If you are using the Services from outside the United States, you consent to the transfer, storage, and processing of your data in and to the United States or other countries. Specifically, personal data collected in Switzerland and the European Economic Area (“EEA”) is transferred and stored outside those areas. That data is also processed outside of Switzerland and the EEA by our TVMES group companies, or our service providers, including to process transactions, facilitate payments, and provide support services as described in Section 4. We have entered into data processing agreements with our service providers that restrict and regulate their processing of your data on our behalf. By submitting your data or using our Services, you consent to this transfer, storage, and processing by TVMES and its processors.

That data is also processed outside of Switzerland and the EEA by our TVMES group companies, or our service providers, including to process transactions, facilitate payments, and provide support services as described in Section 4. We have entered into data processing agreements with our service providers that restrict and regulate their processing of your data on our behalf. By submitting your data or using our Services, you consent to this transfer, storage, and processing by TVMES and its processors.

8. Updates & Contact Info

When we make a material change to this policy, we’ll notify users via email, in-product notice, or another mechanism required by law. Changes become effective the day they’re posted. Please contact us via email or postal mail with any questions, concerns, or disputes.

8.1 Modifications to This Privacy Policy

From time to time, we may update this Privacy Policy. If we make any material change to it, we will notify you via email, through a notification posted on the Services, or as required by applicable law. We will also include a summary of the key changes. Unless stated otherwise, modifications will become effective on the day they are posted.

As permitted by applicable law, if you continue to use the Services after the effective date of any change, then your access and/or use will be deemed an acceptance of (and agreement to follow and be bound by) the revised Privacy Policy. The revised Privacy Policy supersedes all previous Privacy Policies.

8.2 Interpretation

Any capitalized terms not defined in this policy are defined as specified in TVMES's Terms of Use. Any version of this Privacy Policy in a language other than English is provided for convenience. If there is any conflict with a non-English version, you agree that the English language version will control.

8.3 Questions

If you have any questions, concerns, or disputes regarding our Privacy Policy, please feel free to contact our privacy team (including our designated personal information protection manager) at support@TVMES.com. You can also send postal mail to us at TVMES, LLC. Attn: Legal, 15599 W La Salle Ave ,Lakewood ,CO 80228 United States.


Cookie Policy

This Cookie Policy was last updated on April 25, 2019

What are cookies?

Cookies are small text files stored by your browser as you browse the internet. They can be used to collect, store, and share data about your activities across websites, including on TVMES. Cookies also allow us to remember things about your visits to TVMES, like your preferred language, and to make the site easier to use.

We use both session cookies, which expire after a short time or when you close your browser, and persistent cookies, which remain stored in your browser for a set period of time. We use session cookies to identify you during a single browsing session, like when you log into TVMES. We use persistent cookies where we need to identify you over a longer period, like when you request that we keep you signed in.

Why does TVMES use cookies and similar technologies?

We use cookies and similar technologies like web beacons, pixel tags, or local shared objects (“flash cookies”), to deliver, measure, and improve our services in various ways. We use these cookies both when you visit our site and services through a browser and through our mobile app. As we adopt additional technologies, we may also gather additional data through other methods.

Authentication and security

To log you into TVMES
To protect your security
To help detect and fight spam, abuse, and other activities that violate TVMES’s agreements

For example, cookies help authenticate your access to TVMES and prevent unauthorized parties from accessing your accounts.

Preferences

To remember data about your browser and your preferences
To remember your settings and other choices you’ve made

For example, cookies help us remember your preferred language or the country you’re in, so we can provide content in your preferred language without asking each time you visit.

Analytics and research

To help us improve and understand how people use TVMES

For example, cookies help us test different versions of TVMES to see which features or content users prefer, web beacons help us determine which email messages are opened, and cookies help us see how you interact with TVMES, like the links you click on.

We also work with a number of analytics partners, including Google Analytics and Mixpanel, who use cookies and similar technologies to help us analyze how users use the Services, including by noting the sites from which you arrive. Those service providers may either collect that data themselves or we may disclose it to them.

You can opt out of some of these services through tools like the Google Analytics Opt-out Browser Add-on and Hotjar Opt-Out Cookie.

Personalized content

To customize TVMES with more relevant content

For example, cookies help us show a personalized list of recommended courses on the homepage.

Advertising

To provide you with more relevant advertising

To learn more about targeting and advertising cookies and how you can opt out, visit www.allaboutcookies.org/manage-cookies/index.html, or if you’re located in the European Union, visit the Your Online Choices site.

Please note that where advertising technology is integrated into the Services, you may still receive advertising on other websites and applications, but it will not be tailored to your interests.

When using mobile applications you may also receive tailored in-app advertisements. Apple iOS, Android OS, and Microsoft Windows each provide its own instructions on how to control in-app tailored advertising. For other devices and operating systems, you should review your privacy settings or contact your platform operator.

What are my privacy options?

You have a number of options to control or limit how we and our partners use cookies:

  • Most browsers automatically accept cookies, but you can change your browser settings to decline cookies by consulting your browser’s support articles. If you decide to decline cookies, please note that you may not be able to sign in, customize, or use some interactive features in the Services.
  • Flash cookies operate differently than browser cookies, so your browser’s cookie-management tools may not remove them. To learn more about how to manage Flash cookies, see Adobe’s article on managing flash cookies and Website Storage Settings panel.
  • To get information and control cookies used for tailored advertising from participating companies, see the consumer opt-out pages for the Network Advertising Initiative and Digital Advertising Alliance, or if you’re located in the European Union, visit the Your Online Choices site. To opt out of Google Analytics’ display advertising or customize Google Display Network ads, visit the Google Ads Settings page.
  • For general information about targeting cookies and how to disable them, visit www.allaboutcookies.org.

Updates & Contact Info

From time to time, we may update this Cookie Policy. If we do, we’ll notify you by posting the policy on our site with a new effective date. If we make any material changes, we’ll take reasonable steps to notify you in advance of the planned change.

If you have any questions about our use of cookies, please email us at support@TVMES.com.

Intellectual Property Policy

This Intellectual Property Policy was last updated on May 11, 2019.

Technology Vendor Management Educational Services LLC is referred as TVMES for all practical purpose of this document and throughout the site. sammaturity.com is governed and managed by Technology Vendor Management Educational Services LLC.

TVMES’s mission is to provide Technology VMO leaders a unique set of learning capabilities including:

  • Targeted tools to support accurate and detailed operational self-assessments
  • Training and course materials to enhance team member capability and performance

Insightful advisory services that produce detailed action plans and operational blueprints improve lives through learning. We consider our marketplace model the best way to offer valuable VMO educational content to our users. We need rules to keep our platform and services safe for you. These Terms apply to all your activities on the sammaturity website, mobile applications, our APIs and other related services (“Services”).

TVMES marketplace model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. However, it is important to us that SME’s posting courses on TVMES respect the intellectual property of others. When SME’s post courses on our marketplace, they make the promise that they have the necessary authorization or rights to use all the content contained in their courses.

Infringing activity is not tolerated on or through our platform.

This policy addresses what we do in the event of copyright infringement reports from content owners and trademark infringement claims from trademark owners with respect to the courses on the TVMES platforms. The policy also addresses what we do when TVMES SMEs’ courses are copied on third-party platforms without their consent.


Third-Party Copyright Infringement Reports

TVMES’s policy is to remove courses from our service when they are reported as infringing in a copyright infringement notice received from the owner of the original content. It is also our policy to remove all courses from any SME who is determined to be a repeat infringer (for whom TVMES has received more than two valid takedown notices). We reserve the right to terminate an SME’s account at any time, including when they post content in violation of the copyrights of others.


How to File a Report

If you would like to report a course on the TVMES marketplace and if you are the owner or the designated agent of the owner of the rights to the content that you believe the course is infringing, the most efficient way is to use write to support (in English only).

Before you submit a copyright infringement report, please remember these important things:

  1. We cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. This is because we have no way of knowing whether the SME who published the course you are reporting has received proper permission from the owner to use the content. We will ask you to provide an electronic signature to confirm that you are the copyright owner or have authority to represent the copyright owner (including if the copyright owner is an organization).

  2. Your copyright claim has to be sufficiently substantiated for us be able to address it. This means:
    • You provide sufficient information for us to contact you, including your full legal name, an email address, physical address, and (optional) telephone number.
    • If you are filing a report on behalf of an organization, you include the name of the organization and your relationship to the organization.
    • You precisely identify the original copyrighted material or, if multiple copyrighted works are covered in your notification, you provide a sufficiently representative list of such original material (such as a URL where the material is located);
    • You provide sufficient information for us to locate the reportedly infringing course(s) on the TVMES hosted site (the URL on our website and the exact name of the course and SME;
    • You add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner's behalf and I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.

  3. Knowingly submitting a false or misleading claim of infringement is illegal and you could be held liable and have to pay damages as a result. TVMES reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.

  4. There are types of content that are not protected by copyright. Copyright law doesn’t cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before you submit a copyright claim, make sure that the content copied in the course is indeed protected by copyright. If you need to report a trademark violation, please write to support.

  5. Consider whether the use of your material in the course is “fair use”. Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Fair use covers things like criticism, commentary, news reporting, and research. In considering whether a course’s use of your material qualifies as fair use, you should look at:

    • The purpose of the use (whether the course is paid or unpaid, whether the course critiques/parodies/transforms your material)
    • The type of copyrighted work being used (whether your work is factual or creative)
    • The portion being used (whether the course uses small, necessary excerpts of your material or substantial portions of it)
    • The effect on the market for your material (whether potential buyers would purchase the course instead of your material)

Before you submit a copyright claim, make sure that use of the content copied in the course does not qualify as fair use.

Counter-Notification

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If we receive a valid copyright violation report, we will send a copy of that report to the SME who posted the reported course along with a notification that 1) the course was reported for copyright infringement and 2) we are removing the course from the TVMES service. We will also attach a form that the SME can fill in and send back to us to submit a counter-notification. If your course has been reported for copyright infringement and removed from the TVMES service, and if you believe we made a mistake or that you have permission from the owner of the reported content to use such content in your course, then you may send us a counter-notification.

The best way to provide us with a counter-notification is to fill in the form we provided you and send it back to the TVMES designated agent or the copyright team member who notified you. To be effective, a counter notification must be in writing and include the following information:

  • Your physical or electronic signature;
  • Your name, address, and email address or telephone number,
  • Identification of the course that was removed and the location (URL) at which it appeared before it was removed (you can access this information from the copyright infringement report filed against your course, we always attach a copy when we notify you);
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • A statement that you consent to (i) TVMES sharing your name and contact information with the claimant; (ii) receiving service of process for any legal action by the claimant or an agent of the claimant and (ii) accepting the jurisdiction of the federal district court for the judicial district in which you reside (if in the U.S.), or if you reside outside of the U.S., the jurisdiction of the United States District Court for Colorado (headquarters of TVMES).

Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and you could be held liable and have to pay damages as a result. TVMES reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter notification in violation of the law.


Reports from SME’s of Infringing Content on Other Platforms

We understand that when you post and make available your courses on the TVMES marketplace, you want to make sure that you will not find your courses offered on another platform without your permission. To help combat copyright infringement and piracy affecting courses of our SMEs, we partnered with Link-Busters, an anti-piracy vendor, to seek out and find instances of infringement and to have any infringing content removed from third-party platforms.

In the event you find your course available on another platform without your permission, please write to support. Link-Busters will file copyright infringement reports and exercise legal actions to have the infringing content removed as soon as possible. Please keep in mind that since TVMES and Link-Busters don’t control the content on other sites, we may not always be successful, especially if your content is on a site outside of the US or EU. Certain countries take different approaches to copyright law; as such, we cannot guarantee the infringing party or hosting site will comply with our notices and remove the infringing content from their platform.


Third-Party Trademark Infringement Reports

TVMES’s policy is to remove courses from our service when they are reported as infringing a third-party trademark. We also reserve the right to terminate an SME’s account at any time, including when they post content in violation of the trademark rights of others.


How to Submit a Trademark Infringement Report

The fastest and easiest way to submit a report of trademark infringement to us is to send a notice to the Designated Agent containing the information identified below. Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Before you submit a trademark infringement report, please remember these important things:

  1. Your trademark claim has to be sufficiently substantiated for us be able to address it. This means your communication must include substantially the following:
    • Your complete contact information (full name, mailing address, and email or phone number).
    • The specific word, symbol, etc. for which you claim trademark rights.
    • The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
    • The country or jurisdiction in which you claim trademark rights.
    • The category of goods and/or services for which you assert rights.
    • Sufficient information for us to locate the material on TVMES that you believe violates your trademark rights (web addresses/URLs of the allegedly infringing content).
    • A description of how you believe this content infringes your trademark.
    • If you are not the rights holder, an explanation of your relationship to the rights holder.
    • The following statement: “I have a good faith belief that use of the trademark as described above in the manner complained of is not authorized by the trademark owner, its agent, or the law.”
    • The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed."
    • Your electronic signature ("/s/" followed by your full name, e.g., "/s/ Jane Doe") or physical signature.
  2. Submitting a false or misleading claim of infringement could result in liability for you. TVMES reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.
  3. Consider whether the use of your trademark in the course is “nominative fair use”. Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries’ laws include an exception for “fair use”, which allows others to use a trademark for factually referencing the trademarked product or service, or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the course. Before you submit a trademark claim, make sure that use of your trademark in the course does not qualify as fair use.

Designated Support Contact Information

TVMES’s Designated Agent for notices of reported infringement can be contacted in the following manner:

  • Via Email:support@TVMES.com
  • Via U.S. Mail: TVMES, LLC. Attn: Legal, 15599 W La Salle Ave ,Lakewood ,CO 80228 United States

TVMES Business Subscription Agreement

This Agreement was last updated on May 11, 2019.

This Subscription Agreement (“Agreement”) governs the access and use of TVMES for Business and TVMES for all official purposes.

1. Definitions: As used herein:

1.1 “Administrator” is an individual appointed by Customer or TVMES who has the ability to customize the Customer Account, manage Users, access Insights and related reporting, access Administrator Tools, and populate the Customer Account with Subscription Courses or Marketplace Courses.

1.2 “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. For purposes of this definition, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

1.3 “Course API” means an application programming interface that allows Customer to access certain information relating to Subscription Courses, Marketplace Courses, or Customer Courses, including but not limited to course title and similar information.

1.4 “Customer” means the party entering into an Order Form with TVMES, or otherwise signing up to use SAMMATURITY.

1.5 “Customer Account” means the site where Users access the Subscription Courses and any Marketplace Courses licensed by Customer, and where Administrators may access the SAMMATURITY Administrator Tools and Insights.

1.6 “Customer Courses” are courses that Customer may create using its own content or license from third parties and upload such content to their Customer Account for use by their Users.

1.7 “Customer Personal Data” includes the personal data (as defined by applicable law) that Customer, Administrator or User enters into or delivers to sammaturity as necessary to access sammaturity.

1.8 “Insights” means the functionality which allows an Administrator to access reporting on User adoption, course consumption, and User activity.

1.9 “Marketplace Courses” are those courses that TVMES generally offers on the Site, but which are not offered as Subscription Courses, but may be added to the Customer Account separately by Customer as set forth in Section 7.

1.10 “Order Form” means an ordering document (whether online or otherwise) entered into by TVMES and Customer, which is incorporated into this Agreement, and specifies the services to be provided by TVMES and the fees related thereto. By entering into an Order Form hereunder, an Affiliate of either party agrees to be bound by the terms of this Agreement as if it were an original party hereto.

1.11 “Privacy Statement” means the sammaturity Privacy Statement located at Privacy Policy.

1.12 “Reporting API” is an application programming interface that allows Customer to access certain information relating to the Customer and its Users’ use of SAMMATURITY and the Customer Account such as completion.

1.13 “Site” means TVMES’s website located at www.TVMES.com, on which TVMES offers various online courses and related services.

1.14 “SSO” or “Single Sign-On” is a capability, which enables Users to log in to SAMMATURITY without the need to disclose user passwords to TVMES.

1.15 “Subscription Courses” are courses offered by TVMES as part of SAMMATURITY that Users will be able to access upon Customer’s payment of the Subscription Fees and set-up of the Customer Account.

1.16 “Subscription Fees” are the fees charged to a Customer by TVMES for access to SAMMATURITY on a per user basis.

1.17 “SAMMATURITY” refers to TVMES for Business or TVMES for all officail purposes, TVMES’s proprietary services that permit Customer to, among other things:

  1. configure their Customer Account;
  2. invite new Users;
  3. assign Users into groups;
  4. assign courses to individuals or groups;
  5. access Subscription Courses;
  6. elect which Marketplace Courses to add to their Customer Account, if any;
  7. upload Customer Courses and make Customer Courses available for Users;
  8. invite Users to access and enroll in courses;
  9. allow Administrators access the SAMMATURITY Administrator Tools; and
  10. access to Single Sign-On, Course API, and Reporting API.

1.18 “SAMMATURITY Administrator Tools” means the functionality made available to an Administrator that may be used to: add and remove Users, assign Users to groups, assign names to such groups, view User course consumption and activity, run and export reports of such consumption and activity, and run other reporting features of SAMMATURITY that TVMES may make available to Customer from time to time.

1.19 “Users” means the employees and contractors (including Administrators) Customer authorizes to access and use the Customer Account.

2. Customer Account: Customer shall select a unique URL identifier for the Customer Account. Customer will appoint at least one Administrator, who will be responsible for the configuration of the Customer Account, set up User accounts and run reports via Insights. Customer, Administrator and Users shall be responsible for maintaining the security of passwords. All Subscription Courses and Marketplace Courses are subject to any restrictions placed on them by the SMEs for such courses, which restrictions can be found on the course landing page. TVMES may, in its sole discretion, offer certain localized or translated Subscription Courses or Marketplace Courses in non-English languages. Subscription Courses and Marketplace Courses are available only so long as: (a) Customer continues to pay the Subscription Fees; and (b) TVMES continues to have the right to offer such Subscription Courses or Marketplace Courses. From time to time, TVMES may need to remove Subscription Courses or Marketplace Courses from Customer Account, and in those circumstances, will use its best efforts to secure from the SME a transition period and the right for enrolled Users to continue to access such courses during such transition period, and will endeavor to give notice of such a transition as far in advance as possible. Upon termination of this Agreement, Users will no longer have access to any Subscription Courses or Marketplace Courses.

3. Customer Courses: In the event that Customer creates and uploads Customer Courses, Customer represents that it shall own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize TVMES, to display and use the Customer Courses on and through the Customer Account in the manner contemplated hereunder.

4. License to the Site, SAMMATURITY and the Customer Account: Subject to the terms and conditions of this Agreement, TVMES grants to Customer and its Affiliates, exercisable by and through its Users, a limited, nonexclusive, royalty-free, revocable (for breach), nontransferable, and non-sublicensable, right and license during the term of this Agreement to access SAMMATURITY for the purpose of creating a Customer Account, and provisioning access to the Customer Account to Users. For avoidance of doubt, this Agreement shall only apply to Customer’s and its Users’ use of SAMMATURITY and shall not apply to any other offerings available on the Site. Unless Customer has elected to include the Single Sign-On capability, Users will access the Customer Account by logging in through the Customer Account. In all of its activities under this Agreement, Customer assumes full responsibility for its Administrators’, Users’ and Affiliates’ compliance with the terms and conditions of this Agreement and for securing any necessary consents from its Users to access and use their personal information and for ensuring that such access and use conforms with applicable laws, including, without limitation, privacy laws.

5. Restrictions:

5.1 In the course of all of its activities under this Agreement, Customer shall not permit its Users or any third party under its control to:

(a) copy, distribute, modify, or hack SAMMATURITY, the Site, or any Subscription Courses or Marketplace Courses;

(b) introduce any computer code, file or program that may damage or hijack the operation of any aspect of SAMMATURITY;

(c) scrape, spider, or other automated means of any kind to access SAMMATURITY such as accessing API endpoints for which User has not been provided authorization by TVMES, the Customer Account or Subscription or Marketplace Courses other than as expressly authorized by TVMES;

(d) access or use SAMMATURITY for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;

(e) use SAMMATURITY or any courses for any purpose or in any manner that is unlawful or that infringes the rights of others;

(f) post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, defamatory or libelous content or information through SAMMATURITY;

(g) solicit personal information from any SME or other student;

(h) frame or embed the Customer Account or any Subscription Courses or Marketplace Courses;

(i) transmit any unsolicited or unauthorized promotional materials, spam, or any other form of solicitation (commercial or otherwise) through SAMMATURITY; and/or

(j) share login access to SAMMATURITY among multiple individuals or otherwise permit third parties other than Users to access or use the Customer Account or Subscription Courses or Marketplace Courses.

In the event that TVMES determines that any User has violated the restrictions set forth in this Section 5.1, TVMES reserves the right to terminate or suspend access to SAMMATURITY for such User.

5.2 Customer represents to TVMES that all Users shall be Customer’s employees or contractors. Customer may not assign or transfer User access from one person to another except in connection with a change of job assignment or termination of employment.

5.3 Certain features of SAMMATURITY are not available for Customers on the TVMES for Business Team Plan, including but not limited to: the ability to assign Users into groups or otherwise use the groups functionality, add Marketplace Courses into their Customer Account, assign courses to individuals or groups, utilize any Optional Features, or access any of the functionality in Insights.

5.4 Customer represents and warrants that all Users will be at least 18 years old.

6. SME Interactions: As a marketplace for online learning, TVMES does not hire or employ SMEs to create Subscription Courses or Marketplace Courses. TVMES disclaims responsibility or liability for any interactions between Users and the SMEs of either Subscription Courses or Marketplace Courses. TVMES is not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of SMEs or Users, including, but not limited to, any User's reliance upon any information provided by an SME. TVMES disclaims any liability from any injuries that may occur arising from a User’s participation in any fitness, health, or wellness courses available on SAMMATURITY. TVMES does not control any third-party content accessible on the Site or through SAMMATURITY and, as such, does not guarantee in any manner the reliability, validity, accuracy or truthfulness of such third-party content. Customer also understands that by using the SAMMATURITY services, TVMES may expose Users to third party content that Customer or its Users consider offensive, indecent, or objectionable. TVMES has no responsibility to keep such content from Customer or its Users and TVMES has no liability to Customer’s or its Users’ access or use of any third-party content, to the extent permissible under applicable law.

7. Marketplace Courses: With the exception of TVMES for Business Team Plan, Administrators may, at any time, elect to add Marketplace Courses to the Customer Account by using the functionality available in the Customer Account. Customer is under no obligation to add Marketplace Courses to the Customer Account. Customer acknowledges that Marketplace Courses are not provided as part of SAMMATURITY or as Subscription Courses and may be subject to separate fees in addition to the Subscription Fees.

8. Fees and Payment: Customer will pay TVMES the Subscription Fees as set forth in the Order Form(s) (whether online or otherwise). All fees shall be paid in US dollars and are non-refundable. Late payments shall be subject to the greater of 1.5% interest per month and the maximum permitted by law, and all third-party collection costs. Customer shall be responsible for any sales, value-added, services, use or similar taxes (other than taxes on TVMES’s income). Further, Customer shall pay all sums payable by it under this Agreement free and clear of all deductions or withholdings or rights of counter claim or set off unless required by law. If a deduction or withholding is so required, and except in the case of interest payments, Customer shall pay such additional amount as will ensure that the net amount received and retained by TVMES equals the full amount which it would have received had the deduction or withholding not been required.

9. Confidentiality: Customer acknowledges that, in the course of activities under this Agreement, Customer will obtain information relating to TVMES and SAMMATURITY which is confidential in nature (“TVMES Confidential Information”), including, but not limited to, SAMMATURITY, and any related features, software, pricing details, and other information about TVMES and SAMMATURITY’s operation. TVMES acknowledges that it may obtain Confidential Information relating to Customer, including, but not limited to Customer Personal Data and Customer Courses (“Customer Confidential Information”) (TVMES Confidential Information and Customer Confidential Information shall be collectively known as “Confidential Information”). Customer agrees that any product suggestions sent by Customer and its Users to TVMES shall not be considered Customer Confidential Information. During the term of this Agreement, and five years thereafter, and except as necessary to perform its obligations hereunder or as permitted under the Privacy Statement, each party (“Recipient”) agrees that it will not disclose Confidential Information of the other party (“Discloser”) without the prior written consent of Discloser unless such Confidential Information becomes part of the public domain through no fault of the Recipient, and that it will only use such Confidential Information for the purposes of this Agreement and in accordance with the Privacy Statement and applicable law. Each party acknowledges and agrees that due to the unique nature of the Confidential Information, there can be no adequate remedy at law for any breach of this section, and the Discloser shall be entitled to equitable relief in addition to whatever remedies it may have at law. Nothing in this Agreement is intended to limit either party from accessing or making available similar services or courses, including, without limitation, Customer’s (or Customer’s Users’ or employees’) use of another online education site, or TVMES from offering Users the opportunity to enroll in courses other than the courses available on the Customer Account. In the event that TVMES processes Customer Personal Data of individuals in the European Economic Area, the parties will execute TVMES’s Data Processing Addendum to govern such processing.

10. Term/Termination: The Agreement will commence as of the Effective Date and will continue until all Order Forms hereunder have expired or have been terminated. The initial term of each subscription shall be as specified in the applicable Order Form (the “Initial Term”). Except as otherwise specified in an applicable Order Form, and with the exception of Customers on the TVMES For Business Team plan that have disabled auto-renewal on their Customer Accounts, subscriptions will renew automatically for additional terms of one (1) year until terminated by at least thirty (30) days’ notice prior to the end of the then-current term. Either party may terminate the Agreement upon thirty (30) days’ notice for a material breach unless such breach is cured during such thirty (30) day notice period. Upon termination for any reason, Customer will cease to use the Customer Account, SAMMATURITY and any Subscription Courses or Marketplace Courses, and each party will cease to use the other’s Confidential Information. Sections 5-18 of this Agreement, as well as any accrued rights to payment, will survive any expiration or termination.

11. WARRANTY DISCLAIMER: TVMES PROVIDES SAMMATURITY, THE COURSES, AND OTHER MATERIALS HEREUNDER “AS IS” AND HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, OR SECURITY.

12. Limitation of Remedies and Damages: NEITHER PARTY SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (B) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, OR (C) ANY LIABILITY HEREUNDER IN EXCESS OF THE SUBSCRIPTION FEES PAID BY CUSTOMER TO TVMES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE A CLAIM AROSE. THE FOREGOING LIMITS SHALL NOT APPLY TO CLAIMS ARISING FROM CUSTOMER’S BREACH OF SECTION 5.1(a)-(e), CUSTOMER’S BREACH OF ITS PAYMENT OBLIGATIONS, EITHER PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, OR EITHER PARTY’S INDEMNIFICATION PROVISIONS UNDER THIS AGREEMENT. EACH PARTY’S LIABILITY ARISING FROM BREACH OF ITS CONFIDENTIALITY OBLIGATIONS HEREUNDER SHALL BE LIMITED TO THREE (3) TIMES THE AMOUNT OF SUBSCRIPTION FEES PAID BY CUSTOMER TO TVMES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE A CLAIM AROSE. EACH PARTY’S LIABILITY ARISING FROM THE INDEMNIFICATION PROVISIONS OF THIS AGREEMENT SHALL NOT BE LIMITED. CUSTOMER’S LIABILITY ARISING FROM ITS PAYMENT OBLIGATIONS UNDER THIS AGREEMENT SHALL NOT BE LIMITED.

13. Indemnification:

13.1 For the purposes of this section, all materials that a party provides to the other or otherwise makes available pursuant to this Agreement shall be that party’s “Content.” SAMMATURITY and the Site (not including the Subscription Courses or Marketplace Courses) shall be “TVMES’s Content.” The content Customer enters into the Customer Account (including Customer’s chosen URL identifier for the Customer Account), Customer Courses and Customer Personal Data shall be “Customer Content.” Marketplace Courses and Subscription Courses shall not be either party’s Content. Customer agrees to defend and indemnify TVMES for any and all third party claims, allegations, infringements, investigations, losses, damages and fees (including court costs and all attorneys’ fees), without the right of apportionment arising from or relating in any way to (i) a breach by Customer of the restrictions in Section 5.1(e)-(g) of this Agreement, or (ii) infringement of any intellectual property rights of a third party by the Customer Content. TVMES agrees to defend and indemnify Customer for any and all third party claims, allegations, infringements, investigations, losses, damages and fees (including court costs and all attorneys’ fee arising from or relating in any way to: (i) infringement of any intellectual property rights of a third party by TVMES’s Content; or (ii) the Subscription Courses or Marketplace Courses in the event that TVMES fails to remove access to such Subscription Courses or Marketplace Courses promptly after receiving notification that such materials may infringe third party rights or contain harmful or inaccurate information in accordance with applicable laws. In the event that SAMMATURITY becomes subject to a third-party intellectual property claim or TVMES believes it will become subject to such a claim, TVMES may elect to (i) defend or settle the claim; (ii) procure the right for Customer to continue to use SAMMATURITY without material reduction in functionality; (iii) modify SAMMATURITY to preclude the claim; or (iv) terminate this Agreement and refund pro rata for the remainder of the then-current term any prepaid fees.

13.2 No duty provided under this Section 13 will apply unless and until an indemnified party (a) promptly tenders a claim for indemnification; (b) allows the indemnifying party sole control of the defense or settlement of the underlying claim; and (c) reasonably assists with any defense or settlement of the underlying claim at the indemnifying party’s request and expense. THE PROVISIONS OF THIS SECTION 13 STATE THE SOLE, EXCLUSIVE, AND ENTIRE LIABILITY OF TVMES TO CUSTOMER WITH RESPECT TO A CLAIM THAT TVMES’S CONTENT INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

14. Export Compliance: The Site, SAMMATURITY, SAMMATURITY Administrator Tools, Insights, and any other TVMES technology, and derivatives thereof may be subject to export laws and regulations of the United States and other jurisdictions. Customer represents that neither it nor any of its Users are named on any U.S. government denied-party list. Customer shall not permit any User to access or use any Site, SAMMATURITY, SAMMATURITY Administrator Tools, and any other TVMES technology in a U.S.-embargoed country (currently Cuba, Iran, North Korea, Sudan or Syria) or in violation of any U.S. export law or regulation.

15. Anti-Corruption: Customer has not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from a TVMES employee or agent in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If Customer learns of any violation of the above restriction, it shall use reasonable efforts to promptly notify TVMES’s Legal Department at support@TVMES.com.

16. Publicity: TVMES may include Customer in a list of customers and identify that Customer is a user of SAMMATURITY, post Customer’s name and logo on its website, and, with Customer’s consent, in promotional materials, subject to Customer’s usage standards.

17. Miscellaneous: This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and any and all written or oral agreements previously existing between the parties are expressly cancelled. This Agreement, or any part thereof, may be modified by TVMES, including the additional or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Customer or its Users continued use of SAMMATURITY will be deemed to constitute acceptance by Customer of such modifications, additions, or deletions. This Agreement and any mutually executed Order Forms shall apply in lieu of the terms or conditions in any purchase order or other documentation that Customer provides, and all such terms and conditions are null and void and superseded by this Agreement and any mutually executed Order Forms. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be deemed null and void, and the remaining provisions of this Agreement shall remain in effect. Neither the rights nor the obligations arising under this Agreement are assignable or transferable by either party without consent, except in connection with an acquisition of that party, or merger or other change of control transaction. This Agreement shall be governed by the laws of the State of Colorado without regard to its conflicts of laws provisions and any legal claim, suit, action or proceeding arising out of this Agreement or the matters contemplated hereunder or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule and shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of San Francisco, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non convenient. EACH PARTY RECOGNIZES THAT THE DISCLAIMERS, LIABILITY LIMITS AND REMEDIES SET FORTH HEREIN ARE MATERIAL, BARGAINED FOR BASES FOR EACH PARTY’S DECISION TO ENTER INTO THIS AGREEMENT.

SME Terms & Conditions

These SME Terms & Conditions were last updated May 11, 2019.

If you are an SME, these SME Terms & Conditions (the “SME Terms”) contain the terms and conditions of Your participation as an SME via TVMES’s Services. This is a binding agreement between you and TVMES and is incorporated by reference into TVMES’s Terms of Use (“Terms of Use”).

Any version of these SME Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

1. Key Definitions

"Base Price" means the course price chosen by TVMES.

"Base Currency" means the currency of the Base Price.

"Base Exchange Rate" means a system-wide rate used by TVMES for foreign currency conversion and does not include any fee or mark-up by TVMES. The rate is established using one or more third parties and is fixed periodically. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.

"SME Revenue" shall mean Net Amount less any refunds paid, as provided in Section 10 of the Terms of Use.

"Gross Amount" means the amount actually received by TVMES for purchases by Students for Your Course. Please note that for mobile application sales, mobile platforms apply fees, such as Apple’s App Store or Google Play.

"Net Amount" means Gross Amount, less (1) Taxes (pursuant to section 11); (2) for web sales, a three percent (3%) administrative and handling fee, except in the territory of Japan, where the administrative and handling fee shall be four percent (4%); and (3) any amounts paid in connection with TVMES’s Marketing Programs if You choose to opt-in (as further described below).

"Sale Price" means the actual sale price for the Course. When the Sale Currency is different from the Base Currency, TVMES will determine the Sale Price based on the applicable Base Exchange Rate.

"Sale Currency" means the currency of the sale. This is determined by the country of origin of the User purchasing the Course.

All other capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in TVMES’s Terms of Use.

2. Agreement

As an SME You are contracting directly with TVMES, Inc., a Colorado corporation in the United States of America. Additionally, although We may utilize other TVMES subsidiaries to facilitate Your payments, Your contract remains between You and TVMES, Inc.

3. Your Relationship with Students

SMEs do not have a direct contractual relationship with Students. The only information You will receive about Students is what is provided to You through the Services (“Student Related Data”). You understand and agree that You will indemnify TVMES for any issues arising out of Your use of any Student Related Data.

4. Obligations

As an SME, You represent, warrant, and covenant that:

  1. You will visit www.TVMES.com and complete the SME enrollment form, You will also need to agree again to the pricing terms which are presented to you during the paid Course creation process;
  2. You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize TVMES, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Services in the manner contemplated by these SME Terms;
  3. No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
  4. You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on Your Course and through the Services;
  5. You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
  6. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services or to any User;
  7. You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;
  8. You will not engage in any activity that will require TVMES to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;
  9. You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these SME Terms;
  10. You will not frame or embed the Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Services;
  11. You will not impersonate another person or gain unauthorized access to another person's Account;
  12. Your use of the Services are subject to TVMES's approval, which We may grant or deny in Our sole discretion;
  13. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;
  14. You will not interfere with or otherwise prevent other SMEs from providing their services or Courses;
  15. You will maintain accurate Account information;
  16. You shall respond promptly to Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
  17. You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these SME Terms, as well as all other of Our terms and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.

5. License to TVMES

You hereby grant TVMES a worldwide, non-exclusive, royalty-free right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content through the Services, and sublicense it to Users for these purposes directly or through third parties. For more information on how we may use Submitted Content please visit Our Privacy Policy. Notwithstanding the foregoing, and subject to the SME Terms, if you are an SME, unless specifically stated otherwise, You have the right to remove all or any portion of Your Submitted Content from the Services at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new Users, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

You hereby agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Services. You hereby grant TVMES permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.

6. Trust & Safety

By agreeing to these SME Terms, You also agree to abide by TVMES Trust & Safety guidelines. TVMES reserves the right to remove Courses and SMEs at its sole discretion, as described in Our Terms of Use.

7. Restricted Persons We Cannot Do Business With

You hereby warrant that You are not a Restricted Person ("Restricted Person"). For purposes of the SME Terms, You are a Restricted Person if You or any officer, director, or controlling shareholder of the entity on behalf of which You are using the Services is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical, or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If You become a Restricted Person during the term of these SME Terms, You shall notify TVMES within twenty-four (24) hours, and TVMES shall have the right to terminate any further obligations to You, effective immediately and with no further liability to You, but without prejudice to Your outstanding obligations to TVMES.

You agree that You shall not utilize the Services to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

8. Pricing

The Company reserves the right to make changes to the Price Tier Matrix at any time.

As part of Your participation on TVMES, you give Us permission to share Your Course, and information about You and the Course with TVMES employees and selected partners, for which You will not receive compensation.

You acknowledge that the amounts paid by Students for Courses sold through Marketing Programs are not fixed, and TVMES has the sole discretion to determine those amounts and which Courses to offer as part of such Marketing Programs.

9. Payments

So that Company can pay you in a timely manner, you must have a PayPal account in good standing and keep TVMES apprised as to the correct email address associated with your PayPal account. Payment will be made within forty-five (45) days of the end of the month in which the fee for a Course was received. You are responsible for providing Company with all identifying and tax information necessary for the payment of amounts due.

As an SME, you are responsible for determining whether you are eligible to be paid by a US company.

10. Refunds

As an SME, you acknowledge and agree that Students have the right to receive a refund, as set forth in section 10 of TVMES’s Terms of Use. Neither SMEs nor TVMES shall receive any payments, fees or commissions for any transactions for which a refund has been granted pursuant to section 10 thereof. In the event that a Student requests a refund for a Course after TVMES has sent an SME payment for that Course, TVMES reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to that SME, or (2) require that SME to refund any amounts refunded to Students for SME's Course to the extent no additional payments are due from TVMES to SME or such payments due to the SME are insufficient to cover the amounts refunded to Students.

11. Taxes

You understand and agree that You are responsible for any taxes on Your income. We reserve the right to withhold payment if we do not receive proper tax documentation.

In the event that the sale or delivery of a Course or any Submitted Content to any Student is subject to national, state, or local sales or use taxes, value added taxes, or other similar taxes (collectively, “Transaction Taxes”), under applicable law, TVMES will collect and remit the Transaction Taxes to the competent tax authorities for such sales. TVMES may at its own discretion increase the Sale Price where TVMES determines that Transaction Taxes may be due.

12. Deletion of Your Account

If You wish to delete Your SME Account, You may do so by following the steps. We will use commercially reasonable efforts make any remaining scheduled payments due and owing to You prior to deleting Your Account. You hereby understand and agree that if Student(s) have previously enrolled to Your Course(s), after Your Account has been deleted Your name and such Course(s) will remain accessible to those such Students who enrolled to Your Course(s). Should You require any assistance or encounter any difficulty in deleting Your SME Account You may also contact Us via email at support@TVMES.com , and We will make commercially reasonable efforts to respond to Your request within 24 hours.

13. Modifications to These SME Terms

From time to time, We may update these SME Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and TVMES reserves the right to modify and/or make changes to these SME Terms at any time. If We make any material change We will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice on Our Services. Other modifications will become effective on the day they are posted unless stated otherwise. If You continue to use the Services, after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the SME Terms as changed. The revised SME Terms supersedes all previous SME Terms.

Trust and Safety Guidelines

These Trust and Safety Guidelines were last updated May 11, 2019.

1) Don’t spam

Learners come to sammaturity to have a safe and engaging learning industry experience and SME’s love to share their knowledge. SME’s: Once you’re on the sammaturity assignment, don’t try to sell other products or spam each other with requests and offers

2) Don’t game the system

  • For SME’s: Don’t direct Sammaturity learners away from the sammaturity assignment, push the envelope on what is and is not allowed, or search for loopholes in policies. We want our community of learners to grow and flourish through right guidance. When you game the system, the whole community loses integrity and trust.
  • For Learners: Don’t harass SME’s, offer reviews in exchange for things. The community relies on a healthy interaction between learners and SME’s, as well as honest student feedback to understand your areas of interest and improvement on course content.

3) Keep it professional

Our SME’s actively collaborate and communicate with each other, and learners and SME’s have healthy and vibrant discussions through the course-taking experience. We ask that, in connection with those relationships, you are respectful, honest, and considerate with students, instructors, and Sammaturity staff. Be a positive member of the sammaturity community. Never ask for personal information, or post unoriginal content as your own.

4) If you see something, say something

If anything you see or industry experience ever seems like a violation, or you are unsure about a policy, just let us know by emailing support@tvmes.com. Someone on our team will review every report, answer your questions, and determine whether there has been a violation of our policies.

We’re here to help you understand our policies and be successful on sammaturity.