Conditions of Use

BY CLICKING THE ACCEPTANCE BUTTON, THE USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

PURCHASE AGREEMENT TERMS AND CONDITIONS

Welcome to www.taproot.com. If you register for a TapRooT® Course or make a purchase from www.taproot.com, you, and those that you represent, accept the following Purchase Agreement Terms and Conditions (“Purchase Agreement”). Please read them carefully.

By accepting these Terms and Conditions, Buyer represents and warrants that: (i) Buyer has the authority, to bind any and all persons, businesses, agencies, organizations, or entities that Buyer represents in this transaction, including but not limited to Buyer’s employer and any TapRooT® Course attendees, to the terms of this Purchase Agreement; and (ii) any individual or entity that receives access to any Software, Goods, Services, or other benefits purchased or received pursuant to this purchase shall be made aware of and shall be bound by this Purchase Agreement.

DEFINITIONS

“Buyer” is defined collectively as any individual accessing or using www.taproot.com, including individuals that register or attend courses or webinars purchased under this Agreement (specifically “Attendee”), and any business, employer, agency, organization, or entity acting as the principal of the individual accessing or using www.taproot.com, or attending any courses or webinars purchased under this Agreement. 

“SI Materials” include any and all materials, documents, books, software, or items purchased from or received incidental to purchase from System Improvements, including all training materials, content, and electronic materials received at any TapRooT® Course. 

“Services” include any and all services performed or provided by System Improvements, including but not limited to, TapRooT® VI Services, TapRooT® Courses, TapRooT® Software Subscriptions, and the supply of information related to TapRooT®, Equifactor®, or other business of System Improvements.

System Improvements, Inc. includes System Improvements, Inc., its owners, its employees, and representatives. 

“TapRooT® Course” includes any TapRooT® branded course, Equifactor® branded course, and any other course, presentation, or webinar conducted by System Improvements or any of its authorized contractors. 

“TapRooT® VI Personal Software Subscription” is the web-based personal subscription software service offered by System Improvements that permits a Subscriber to access and use TapRooT® VI, and includes, but is not limited to, the underlying code, business logic, appearance, architecture, structure, organization, design, technique, and all intellectual property owned by System Improvements that comprises TapRooT® VI.

PUBLIC COURSES AND WEBINARS - PAYMENT POLICY

Prospective attendees registering for a TapRooT® Public Course may be given the option to pay at the time of registration (“Pay Now”) or get a quote for the course (“Get A Quote”). Attendees who pay at the time of registration will be confirmed in the course. Prospective attendees who select the “Get A Quote” option will NOT be registered for the course until payment is received. Payment is required to attend the course. Payment may be made via www.taproot.com or by calling SI’s customer service number. In the event that the course reaches capacity prior to payment being received, System Improvements may refuse the payment altogether or refund the payment at its sole discretion.

Purchase Orders are not accepted for TapRooT® Public Courses or webinars. SI expressly rejects any additional or supplemental terms and conditions to this Agreement. Except as specifically set forth herein, SI shall not be bound by any agreement executed by Buyer and any third party, including but not limited to third party course coordinators or contractors. 

For TapRooT® Public Courses held in Colombia only, T&PS Certified Training & Project Services Colombia (“T&PS”) is authorized to accept course payment on System Improvements’ behalf. However, System Improvements shall not be bound by any additional terms executed between Buyer and T&PS.

PUBLIC COURSES AND WEBINARS - CANCELLATION POLICY

If an attendee cancels less than 30 days before the start of the course, payment in full must be made even though Buyer has not attended the course. However, within two years of the original course date, that attendee may: 1) transfer to a future public course that is listed on this website or 2) transfer credit to another Buyer employee attending a public course that is listed on this website. A paid attendee cancelling more than 30 days before the start of the public course or webinar has the option of requesting a full refund.

VIRTUAL COURSES AND WEBINARS – NO RECORDING

Buyer is expressly prohibited from recording or duplicating any portion of the webinar, course, or presentation materials in any format, including but not limited to audio recording, video recording, screenshots, and/or still frames. Buyer shall not reproduce, show, or distribute the presentation or presentation materials to any other person or entity unless expressly agreed in writing by SI. 

The paid attendee is the only individual permitted to access the virtual course or webinar.  Buyer is prohibited from sharing or otherwise distributing the presentation link to more than one person or individual unless each of those individuals has paid to attend. 

PRODUCT ORDERS - PAYMENT POLICY

Product orders must be paid in full before System Improvements will initiate shipment. Purchase Orders are not accepted for product orders. For the quickest processing of your order, Buyer may pay by Visa, MasterCard, or American Express card at the time order is placed. System Improvements will also accept checks and wire transfers, but shipment will not be made until the funds are received.

TapRooT® VI PERSONAL SOFTWARE SUBSCRIPTION

Notwithstanding the terms and conditions set forth herein, the TapRooT® VI Personal Software Subscription contains an internal Service Agreement that must be accepted by the user and governs the delivery and use of the Software. Use of the TapRooT® VI Personal Software Subscription indicates continued agreement to the Service Agreement.  If at any time the user does not agree to the terms of the Service Agreement, the user shall immediately discontinue use of the Software and agrees to notify System Improvements in writing at Licensing@taproot.com. In the event of any conflict between the terms contained herein and the Service Agreement, the terms of the Service Agreement shall take precedence and control.

The subscription fee must be received by System Improvements before Buyer will receive login information to access the TapRooT® VI Service. At the expiration of the subscription, Buyer may elect to renew the subscription or allow the subscription to expire. In the event that payment for the renewal has not been received prior to the expiration of the prior subscription, System Improvements may suspend or cancel the account.

INTELLECTUAL PROPERTY

The parties expressly agree that all Software, Services, and SI Materials included and/or purchased from www.taproot.comare protected by United States and/or international intellectual property laws, and constitute the intellectual property of System Improvements. System Improvements does not transfer title or intellectual property ownership of any Software, Services, or SI Materials, or any future revisions, upgrades, updates, or any derivatives thereof to Buyer, its employees, heirs, or assigns. Buyer expressly agrees that System Improvements shall retain all right, title, and interest in its intellectual property. The Parties expressly agree that none of the items or materials purchased by Buyer shall be considered works made for hire.

Buyer shall not have permission to sell, distribute, copy, share, or reproduce the Software, Services, or SI Materials without the express written consent of System Improvements. The course attendee is the only individual authorized to access and use any SI Materials distributed as part of any course or webinar.  Course attendees are not permitted to share or distribute said materials with any other parties, individuals or entities, including other non-attendees within their own department or company. Buyer shall not use, copy, modify, or develop a derivative of SI Materials or incorporate any portion thereof into any training, including but not limited to incident investigation training for Buyer’s clients or any training performed in-house by Buyer.  

Buyer may not use the TapRooT® logo or any other trademark protected name or symbol owned by System Improvements for the purpose of advertising root cause analysis investigation services or to compete with System Improvements in any other manner. Buyer is further prohibited from using any System Improvements’ trademark in conjunction with materials not owned by System Improvements, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits System Improvements.

PRIVACY POLICY

All customer personal information and data will be processed in accordance our Privacy Policy, available at www.taproot.com/privacy policy.

TAPROOT® COURSE AND SUMMIT ATTENDANCE WAIVER OF LIABILITY 

Buyer acknowledges the contagious nature of COVID-19 and attests that all Attendees shall follow all CDC recommended guidelines to limit exposure to COVID-19.  Buyer expressly assumes the risk that Attendees may be exposed to or infected by COVID-19 as a result of attending in-person TapRooT® training, and hereby releases and agrees to hold System Improvements harmless from any and all causes of action, claims, demands, costs, expenses, and compensation for damage or loss to Buyer arising out of any Attendee exposure or infection by COVID-19 as a result of attending a TapRooT® Course. 

Buyer understands and agrees that photographs and video may be taken of Attendee(s) at any TapRooT® Course or TapRooT® Summit, and can be used by System Improvements for any purpose. If at any time Attendee does not consent to the use of said photo or video, Attendee shall notify System Improvements in writing of their intention to withdraw this consent.

PUBLIC COURSE COVID WAIVER OF LIABILITY 

Buyer acknowledges the contagious nature of COVID-19 and attests that all Attendees shall follow all CDC recommended guidelines to limit exposure to COVID-19.  Buyer expressly assumes the risk that Attendees may be exposed to or infected by COVID-19 as a result of attending in-person TapRooT® training, and hereby releases and agrees to hold System Improvements harmless from any and all causes of action, claims, demands, costs, expenses, and compensation for damage or loss to Buyer arising out of any Attendee exposure or infection by COVID-19 as a result of attending a TapRooT® Course.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY SYSTEM IMPROVEMENTS, SYSTEM IMPROVEMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL SYSTEM IMPROVEMENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, GOODS, MATERIALS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE BUYER THROUGH USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. BUYER EXPRESSLY AGREES THAT THE ENTIRE RISK WITH REGARD TO THIS PURCHASE, INCLUDING ITS USE, THE RESULTS AND PERFORMANCE OF THE TAPROOT® SOFTWARE, SI MATERIALS, SERVICES, HOSTING SERVICE, OR ANY OTHER ITEM PURCHASED AT WWW.TAPROOT.COM, IS ASSUMED BY THE BUYER. BUYER EXPRESSLY AGREES TO INDEMNIFY AND HOLD HARMLESS SYSTEM IMPROVEMENTS AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES, EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) AND/OR LIABILITIES ARISING OUT OF OR RELATED TO THIS PURCHASE AGREEMENT OR BUYER’S USE OF ANY INFORMATION, CONTENT, SOFTWARE, GOODS OR SERVICES PURCHASED ON WWW.TAPROOT.COM.

BUYER EXPRESSLY AGREES THAT SYSTEM IMPROVEMENTS SHALL HAVE NO LIABILITY FOR ANY CLAIM OF PATENT, TRADEMARK, OR COPYRIGHT INFRINGEMENT BASED UPON BUYER’S USE OR COMBINATION OF THE GOODS, SOFTWARE AND/OR SERVICES WITH PRODUCTS OR DATA NOT SUPPLIED BY SYSTEM IMPROVEMENTS AS PART OF THE PRODUCTS AND/OR SERVICES NOR WITH CLAIMS RELATING TO MODIFICATIONS OR DERIVATIVES NOT AUTHORIZED IN WRITING BY SYSTEM IMPROVEMENTS.

APPLICABLE LAW

By making a purchase through www.taproot.com, Buyer expressly agrees that this Purchase Agreement is to be construed in accordance with the laws of the State of Tennessee in the United States of America without regard to principles of conflict of laws. Buyer expressly consents to the personal and/or corporate jurisdiction of all courts of the State of Tennessee and the U.S. District Court for the Eastern District of Tennessee. Further, Buyer expressly agrees that for any and all causes of action as between Buyer and System Improvements, exclusive jurisdiction, venue and choice of law shall reside in all courts of the State of Tennessee and the U.S District Court for the Eastern District of Tennessee. Any litigation arising out of this Purchase Agreement shall be filed in the appropriate Court of jurisdiction in Knox County, Tennessee, USA.

SITE POLICIES, MODIFICATION, SEVERABILITY AND FAILURE TO ENFORCE

In the event that any part, article, paragraph, sentence or clause of this Purchase Agreement shall be held to be indefinite, invalid, illegal or otherwise unenforceable, the unenforceable provision shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

A printed version of this Purchase Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Failure at any time to enforce any provisions of this Purchase Agreement or any right with respect thereto, or to exercise any option herein provided, is not a waiver of such provisions, rights, or options, nor does it reduce the validity of this Purchase Agreement. The exercise of any rights or options herein shall not preclude or prejudice the exercising thereafter of the same or any other right under this Purchase Agreement.

BINDING PARTIES

The terms and conditions of this Purchase Agreement shall be binding upon and shall inure to the benefit of the Parties, their successors and permitted assigns.

CONTACT INFORMATION

System Improvements, Inc.

238 S. Peters Road, Suite 301

Knoxville, TN 37923

U.S.A.

Telephone: 865-539-2139

For questions about this Agreement, please contact Licensing@taproot.com