The Trainer Exchange - Membership Agreement

THE TRAINER EXCHANGE MEMBERSHIP AGREEMENT

IMPORTANT NOTICE: TO BECOME AN AUTHORIZED USER OF TRAINEREXCHANGE.COM, YOU MUST AGREE TO THE TERMS OF THIS MEMBERSHIP AGREEMENT.

TrainerExchange.com is an online service to post and search training opportunities and trainer skills and availability.

The Trainer Exchange, Inc. may revise this Agreement at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Agreement.

PROPRIETARY RIGHTS. All content on this site is the property of The Trainer Exchange, Inc. and is protected by copyright and other laws relating to proprietary rights. All software used on this site is the property of The Trainer Exchange, Inc. or its software suppliers and is protected by copyright and other laws. The Trainer Exchange, Inc. and its content providers and software suppliers retain all rights in their properties worldwide.

PERSONAL PASSWORD; RESPONSIBILITY FOR USE; RIGHT TO TERMINATE. As a member, you will have a User Name and Personal Password that will allow you to access TrainerExchange.com through your Internet access provider (ISP). You may not share, disclose or transfer your Personal Password with another party. If you think that the security of your Personal Password has been breached, you must as soon as possible notify The Trainer Exchange, Inc. of the breach. The Trainer Exchange, Inc. will then cancel that password and issue you a new Personal Password. You are responsible for ensuring that all use of TrainerExchange.com under your User Name and Personal Password complies with this Membership Agreement, and you agree to indemnify and hold The Trainer Exchange, Inc., its affiliates, agents, employees, directors and suppliers harmless against any damages, costs or expenses arising out of your improper use of TrainerExchange.com and the use by others of TrainerExchange.com under your User Name and Personal Password. The Trainer Exchange, Inc. reserves the right to cancel your Personal Password, and thus your access to TrainerExchange.com at any time without refund if you fail to comply with the terms of this Membership Agreement or if The Trainer Exchange, Inc., deems your conduct with your use of TrainerExchange.com to be unacceptable.

LIMITATIONS ON USE. Your use of TrainerExchange.com is expressly subject to the restrictions listed below. If The Trainer Exchange, Inc. becomes aware of any failure to comply with any of these restrictions it will take immediate action which can include terminating your access to TrainerExchange.com immediately without refund.

You agree not to do any of the following:

Post or submit any incomplete, false or inaccurate biographical information or information which is not your own, and in the case of brokers and agents, post information of individuals from which consent has not been obtained.
Post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
Post or transmit a virus or any other harmful component.
Post or transmit anything that violates the copyright or intellectual property rights of any person or entity, including but not limited to copyrights and trademarks.
Post or transmit pyramid schemes or chain letters.
Reply to any trainer posting on our site for any reason other than to apply for the job.
Post content of any kind which makes reference to any site competitive with TrainerExchange.com.
Contact TrainerExchange.com members through unsolicited email, telephone calls, mailings or any other method of communication.
Post jobs or content that is irrelevant to the IT training industry.
Take any action that imposes an unreasonable load on the TrainerExchange.com's infrastructure.
Use any device, software or routine to interfere or attempt to interfere with the working of TrainerExchange.com.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of TrainerExchange.com.
Delete or revise any content posted by someone other than you.
Frame or link to any content or information available from TrainerExchange.com.
Use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search TrainerExchange.com.
Aggregate, copy or duplicate in any manner any of the materials or information available from TrainerExchange.com.
Access data not intended for you, or log into a server or account that you are not authorized to access.

DISCLAIMERS. TRAINEREXCHANGE.COM AND ITS CONTENT ARE BEING PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. THE TRAINER EXCHANGE, INC., ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY SUCH WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM INFRINGEMENT OR FREEDOM FROM VIRUSES. THE TRAINER EXCHANGE, INC. DOES NOT WARRANT THAT THE OPERATION OF TRAINEREXCHANGE.COM WILL BE ERROR FREE OR WITHOUT INTERRUPTION. ALL LIABILITY WITH RESPECT TO THE ACCURACY, RELIABILITY AND/OR QUALITY OF THIRD PARTY CONTENT SHALL REMAIN WITH THE RESPECTIVE CONTENT PROVIDER, AND YOU SHALL HAVE NO REMEDY AGAINST THE TRAINER EXCHANGE, INC. WITH RESPECT TO THE SAME. You understand that any use of TrainerExchange.com and any of the content is entirely at your own risk. You agree to take appropriate measures to safeguard your data and information from TrainerExchange.com malfunctions.

THE TRAINER EXCHANGE, INC. DOES NOT GUARANTEE THAT JOB CANDIDATES WILL BE CONTACTED OR HIRED BY ANY OF THE EMPLOYERS WHOSE JOB POSTINGS APPEAR ON THIS SITE. THE TRAINER EXCHANGE, INC. DOES NOT TAKE RESPONSIBILITY FOR ANY JOB THAT CANDIDATES MAY SECURE AS A RESULT OF USING THIS SITE. THE TRAINER EXCHANGE, INC. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY JOB, CANDIDATES, EMPLOYERS OR THIRD PARTY WHETHER IN REGARDS TO ITS WEB SITE, HIRING, EMPLOYMENT RECRUITING PRACTICES, PRODUCTS OR SERVICES.

NO AFFILIATION. The presence of a hot link or advertisement by The Trainer Exchange, Inc. on another web site does not indicate that The Trainer Exchange, Inc. endorses, is affiliated with or bears any responsibility for the content on that site or that the owner of the linked site is affiliated with, or endorses or bears responsibility for The Trainer Exchange, Inc. or TrainerExchange.com.

LINKS TO OTHER SITES. TrainerExchange.com contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by The Trainer Exchange, Inc. of the contents on such third-party Web sites. The Trainer Exchange, Inc. is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

LIMITATION ON LIABILITY. IN NO EVENT SHALL THE TRAINER EXCHANGE, INC., ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, SUPPLIERS (INCLUDING CONTENT PROVIDERS) OR MARKETING PARTNERS BE LIABLE TO YOU, OR ANYONE CLAIMING THROUGH YOU, FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR USAGE OF TRAINEREXCHANGE.COM OR THE PERFORMANCE OR NON-PERFORMANCE OF THE TRAINER EXCHANGE, INC. OR TRAINEREXCHANGE.COM OR THE CONTENT ACCESSIBLE THROUGH TRAINEREXCHANGE.COM, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAD BEEN FORESEEABLE. YOU AGREE THAT THE LIABILITY OF THE TRAINER EXCHANGE, INC. ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS AND SUPPLIERS (INCLUDING CONTENT PROVIDERS) HEREUNDER IS LIMITED SOLELY TO YOUR DIRECT DAMAGES AND IN NO EVENT SHALL IT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100). Some states do not allow the limitations on liability and implied warranties set forth above. Accordingly, not all of the limitations set forth in this section may apply to you.

MISCELLANEOUS

In the event any of the provisions of this Membership Agreement is found to be invalid or unenforceable, the remaining provisions shall not be deemed impaired and a similar, enforceable provision shall be substituted in the place of the invalid or unenforceable one.

Notices or questions to The Trainer Exchange, Inc. shall be made by electronic mail addressed to info@TrainerExchange.com or conventional mail at the following address:

Two Mid America Plaza
Route 83 & 22nd Street, Suite 800
Oakbrook Terrace, IL 60181

This site is controlled and operated by The Trainer Exchange, Inc. from its office within the State of Illinois, U.S.A. The Trainer Exchange, Inc. makes no representation that the information on this site is appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local law, if and to the extent local laws are applicable.

This Membership Agreement and your compliance herewith shall be governed by the laws of the State of Illinois. Any dispute which may arise hereunder, if not settled by the parties directly or through alternate dispute resolution, shall be brought solely in the appropriate state or federal court sitting in Illinois and each party consents to the personal jurisdiction thereof. You agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded.