Terms of Use

Last Updated March 12, 2026

(Spanish Version)

These Terms of Use (“Terms”) for Iris Media, Inc., dba Trifoia and our affiliates and subsidiaries (collectively, “Trifoia”, “us”, or “we”) govern your use of the Services defined in Section 1 below. Additional, separate terms that apply to your use of our Services will be considered to form part of these Terms. These Terms will remain in effect as long as you access the Services.

Please read these Terms carefully. You accept these Terms in their entirety (along with all documents incorporated herein by reference) by downloading or using the Services in any manner, subscribing to the Services, or by clicking to accept these Terms where that option is made available. If you do not agree to these Terms, do not access or use our Services. If you have any questions regarding our Services or these Terms, please contact us at contentagent@trifoia.com.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND TRIFOIA.

1. The Services

These Terms of Use govern your access to or use of our websites and online channels, which include without limitation:

The websites listed above and all other websites and online channels owned or operated by Trifoia are referred to in these Terms as the “Site.” The Terms also govern your access to and use of instructional content (“Courses”) made available through the Site and related software and services (collectively, with the Site, the “Services”).

2. Eligibility; Acceptance of Terms

To use the Services, you must be of legal age to form a binding contract with Trifoia. By using the Services, you represent and warrant that you meet the foregoing eligibility requirements. You may not access or use the Services if you are barred from receiving such services under applicable law or have previously been suspended or removed from any of our Services. If you do not meet all these requirements, you must not use the Services. If you access the Services on behalf of a company or other entity (“Entity”), you represent, agree, and warrant that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms.

In rare cases, a Course may be available to participants under the age of legal majority (“Minor”), in which case parent or legal guardian acceptance of these Terms is required. If you are the parent or legal guardian of a Minor using the Services, then by you or your Minor accessing or using the Services in any manner, you represent and warrant that you: (i) have read and agree to abide by the these Terms on behalf of you and your Minor; (ii) give your consent to your Minor’s use of the Services; and (iii) agree to be jointly and severally liable for all acts and omissions of your Minor.

3. Registration

To access a Course or use certain features of the Services, you may be required to register and create an account through our relationship with TalentLMS or, at our option, directly with Trifoia. You agree to provide true, accurate, current, and complete information about yourself and to maintain and promptly update your information as needed. You are responsible for maintaining the confidentiality of your login credentials, and you are responsible for all activities that occur using your credentials. Some Services may not be available to all individuals. You agree to notify us immediately of any unauthorized access to or use of your login credentials or any other breach of security. Trifoia is not liable for any loss or damage caused by your failure to maintain the confidentiality of your credentials or your choice to share any data associated with your account with others.

4. Confidentiality & Privacy

a. Course Data Is Confidential

The Courses are provided as a resource for the personal growth and development of those who complete the Course. In some rare cases, Trifoia is required to disclose on a limited basis whether a user completed or passed a Course. In all other cases and for all other purposes, a user’s participation in a Course, as well as any worksheets or other coursework, or any data related to such participation is not public record and will not be made available to any third party through a public record request or any other form of request. For clarity, data collected from a user’s participation in a Course is confidential in nature and will not be disclosed to any third party.

b. Privacy Policy

You acknowledge that you have read and consent to the practices described in our Privacy Policy (). You may review our Privacy Policy at any time by visiting our Site and clicking on the Privacy Policy link in the webpage footer.

5. Fees & Payment

While some of the Services are made available free of charge, access to certain Courses or other Services features is provided in exchange for one or more fees stated at the time of purchase (“Fees”). You are also responsible for all payment of any taxes, fees, or other charges associated with your use of the Services and associated fees as well as all wireless and/or internet service provider fees, devices and equipment, sales taxes, and any other fees and charges necessary to access the Services. Trifoia reserves the right to change our Fees or Services offerings in any manner and at any time.

a. Subscriptions

For any Services made available on a subscription basis, your subscription begins the day you subscribe and automatically renews at the end of the stated subscription term (e.g., monthly or annually, as applicable) unless you cancel or change it. Subscription Fees are charged in advance at the beginning of the stated subscription term.

b. Vouchers

Trifoia may accept \ fee waivers, tokens, or vouchers (collectively, “Vouchers”) for certain paid Services. Vouchers may be distributed by the court with venue over your case, your employer, an organization with which you are affiliated, or other third-party issuer. Trifoia will accept a Voucher when the Voucher and your use of the Voucher can be verified, subject to applicable limitations.

c. Free Trial

Trifoia may offer paid Services during an introductory period during which the user may access the Services as part of a free trial. Free trials may vary in duration and may not be available to all users. If granted to you, the duration of the free trial is stated at signup. Free trials are only available to new users who have never previously received the Services. A user who receives a free trial will not be eligible for another free trial in the future. If you do not cancel your Services access before the end of the free trial period, your free trial will automatically convert to a monthly paid subscription according to these Terms. Additional conditions, restrictions, or limitations may apply to a free trial, which we will explain when you sign up as a user of the Services.

d. Payment

You expressly authorize Trifoia to charge your payment method for the Fees due hereunder, along with any sales and use taxes and any late fees or interest. No refunds or credits will be provided by Trifoia, other than as set forth in these Terms. You represent and warrant that the payment information you provide to us is correct and accurate and you are using a payment method that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others. Fees are processed through a secure third-party payment processor. If you do not pay on time or if we cannot charge the payment method you provided for any reason, we reserve the right to either suspend or terminate your access to the Services. We also reserve the right to charge to assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid. If your unpaid fees are referred to an attorney or collections agency, you shall pay all reasonable attorney fees or collections agency fees. If you access our Services through a third-party subscription, your use of the Services is also subject to the third-party’s terms and conditions and your access to the Services is subject to our receipt of payment from such third party.

e. No Chargebacks

You understand and agree that the charges on a credit card for any purchases or fees by or through the Services are irrevocable, undisputable and may not be charged back, contested or challenged now or in the future. A chargeback is a material breach of these Terms for which Trifoia would be entitled to, and you would be obligated to pay, all attorney fees, costs and fees associated with addressing a chargeback in addition to the amount challenged. Should you not pay the amount submitted by Trifoia for the cost of the chargeback within thirty (30) days after Trifoia has submitted its amount of cost due to your contesting a charge, the charges will be turned over to a collection agency. Trifoia shall have at its sole disposal any other legal remedy it independently chooses to pursue any collection against you for the cost of the chargeback. You further agree that proof of purchase by Trifoia is all that is necessary to establish to the credit card agency, banking institution, or payment processor to deny a chargeback to you.

6. Software Requirements

You must have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements”) to use the Services on a mobile device. The Software Requirements are listed on the relevant mobile applicable store page. Software may be upgraded from time to time to add support for new functions. The Services may request certain privacy permissions from time to time such as access to applications or associated features on your device. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply while you use the Services. Data and messaging charges may apply to your use of the Services or any text messaging or photo sharing features you use via the Services. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access the Services, you will be assumed to have permission from the bill payer for use of the Services.

7. Intellectual Property

a. Services Ownership.

Unless otherwise expressly indicated, the Services and all contents thereof (including without limitation all Courses, images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing in the Services, and other materials, as well as names, logos, taglines, trade dress, and other trademarks on the Services) are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Trifoia or its affiliates, or are the property of their respective owners. You understand that your use of the Services only permits you to use the Services as expressly authorized by these Terms. You may not use the Services or the contents thereof in any way that might confuse or that disparages Trifoia. Any other use of the Services including reproduction for purposes other than as noted herein, without the prior written permission of Trifoia, is strictly prohibited. All rights not expressly granted herein are reserved to Trifoia. Only a duly authorized officer of Trifoia may grant permission or a license to use the Services; any attempted grant or similar promise by anyone other than a duly authorized officer of Trifoia is invalid.

b. License Grant

Trifoia hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, download, install, and use the Services for your own personal, non-commercial purposes, subject to these Terms. The Services are licensed to you, not sold. Nothing in these Terms is intended to, or may be construed as, conferring by implication, estoppel, or otherwise any ownership, license, or other grant of right to any copyright, trademark, or other intellectual property of Trifoia or any third party, except as expressly provided in these Terms. The Services are protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Services without the prior written permission of Trifoia. You may only display, download, or print contents of the Services for the purpose of an internal or personal business resource.

c. Third-Party Content

Some Courses available through the Services are developed and provided by a Client of Trifoia. Such Courses are the property of the third party and made available through the Services subject to a license granted to Trifoia. Courses developed by third parties, third-party ads, or links to third-party websites or platforms may be available on the Services. However, Trifoia is not responsible for and shall have no liability whatsoever related to the contents of any such Course or your participation in the Course. Any questions or concerns related to a third-party Course will be directed to the third party. Additionally, the Services may include links to other websites or resources through our Services, such as TalentLMS. Trifoia does not endorse and is not responsible or liable for any third-party content, advertising, products, or other materials or the availability of such content, websites, or resources. You hereby agree to release and hold harmless Trifoia from any damages or claims arising from your interactions with any third party.

d. Feedback.

You may from time-to-time provide Trifoia with materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Services (“Feedback”). You hereby grant Trifoia all rights, titles and interests in and to any Feedback you submit to us. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant Trifoia a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Site or our Services any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third party.

e. User Content

The Services may include features that enable you to post, upload, store, share, send, or display images, video, data, text, comments, and other information and content (“User Content”) to or via the Services. You represent and warrant that you own your User Content or have all rights necessary to grant us a license to use your User Content as described in these Terms. You retain all rights to your User Content that you post to the Services. By making your User Content available on or through the Services you hereby grant to Trifoia a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User Content, in whole or in part, including your name and likeness, in any media.

You are solely responsible for your User Content. Trifoia relies on accurate User Content to provide and improve our Services. Any attempts to submit inaccurate User Content to the Services are strictly prohibited. You represent and warrant that your User Content, the use and provision of your User Content on the Services, and your use of the Services will not (i) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) be fraudulent, false, misleading, or deceptive; (iv) be defamatory, obscene, pornographic, vulgar, or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (vii) promote illegal or harmful activities or substances. Trifoia may, in our sole discretion, alter, remove, or refuse to display any of your User Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your User Content to and via the Services.

f. Trademarks.

The names and marks for Iris Media, Trifoia, Two Families Now, Ahora Somos Dos Familias, Kids Over Conflict, and all associated product names and logos, trademarks, service marks, and trade names associated with Trifoia, are exclusively owned by Trifoia and may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of Trifoia. You may not use any meta tags or any other hidden text utilizing a Trifoia name, trademark, or product name without Trifoia’s prior written permission. Third-party trademarks and service marks used in the Services are the property of their respective owners, and we use them with their permission. Trifoia and the other licensors of the marks in our Services reserve all rights with respect to the Services and all intellectual property.

g. Unsolicited Submissions.

Please do not send or provide any unsolicited data, reports, studies, ideas, works, materials, proposals, suggestions, content, or the like (collectively, “Unsolicited Submissions”) in any form to Trifoia. Trifoia has a strict policy against accepting or considering any Unsolicited Submissions sent to our company. This policy is necessary to avoid potential misunderstandings or disputes that may arise if our new products or services or marketing campaigns were to appear similar to an Unsolicited Submission. If, despite our request that you not send us Unsolicited Submissions, you still submit them, then regardless of what your correspondence says, you understand and agree that the following terms will apply to your submissions: (i) your Unsolicited Submissions and their contents will automatically become the property of Trifoia, without any compensation to you; (ii) there is no obligation for Trifoia to review, consider, or otherwise use the Unsolicited Submissions; (iii) Trifoia may use or redistribute the Unsolicited Submissions and their contents for any purpose and in any way; and (iv) there is no obligation to keep any submissions confidential.

h. Copyright Infringement/DMCA Notice.

Trifoia takes claims of copyright infringement seriously. It is our policy, in appropriate circumstances and at our discretion, to respond to notices of alleged copyright infringement in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”). Upon receipt of a DMCA compliant notice, we will expeditiously remove or disable access to the content that is the subject of the notice. If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may contact Trifoia’s Content Agent at: . Please include the following information with your complaint (you should speak with your legal counsel or See 17 U.S.C. § 512(c)(3) to confirm these requirements): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all requirements of this section, your DMCA notice may not be valid. If material is believed in good faith by Trifoia to infringe a copyright or otherwise violate any intellectual property rights, Trifoia will remove or disable access to the material. Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.

Reports. We may, from time to time, deidentify or anonymize the Personal Information or other user data (“Deidentified Information”) that we collect from your use of our Services and combine it with others’ Deidentified Information for research, analysis, machine learning, or to generate reports and studies (collectively, “Reports”). Any such Reports are the sole and exclusive property of Trifoia, and we reserve the right to disclose, share, distribute, or publish our Reports for any purpose without limitation. You hereby assign any rights you may have to such Reports, studies, and your Deidentified Information contained therein to Trifoia in perpetuity throughout the world for any and all present or future uses in any and all languages and for no compensation.

8. Acceptable Use of the Services

a. Use Standards

You represent and warrant that (i) you will use the Services in compliance with applicable laws; (ii) any information you submit to us is truthful and accurate; (iii) you will maintain the accuracy of that information; (iv) you will not do anything that might jeopardize the security of your account; and (v) you will notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. Any information that you provide to us will also be subject to our Privacy Policy.

b. Limitations

You agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services or any portion thereof (including our Content) or use it in any manner not expressly authorized by these Terms. You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services. Tampering with the Services, conducting fraudulent activities on the Services and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the Services. You further agree not to (i) upload any User Content or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (ii) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (iii) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (iv) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (v) use the Services in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.

c. Prohibited Acts

You are strictly prohibited from violating or trying to violate our security features, such as by (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You hereby agree not to use any device, software, or routine to interfere, or try to interfere, with the proper working of our Services or any activity being conducted on the Services. You further agree not to use, or try to use, any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Services other than the search engine and search agents that we make available via the Services and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

9. Communications

As part of your use of the Services, you may receive service notifications, alerts, emails, or other communications from Trifoia through our online channels. These communications are necessary to provide you with the Services, you consent to receive them to use the Services, and you will not be able to opt-out of these messages. We may also send you marketing communications by email, mail, or other methods if you opt in to receive those messages. You can opt out of marketing communications by adjusting your account settings or unsubscribing from our emails.

10. Updates; Beta Versions

From time to time, we may, in our sole discretion, develop and provide updates to our Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your device settings, when an internet-connected device is connected to the internet, either (a) the Services will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that our Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to these Terms.

We may make versions of the Services available for testing and evaluation purposes prior to their release to the general public (“Beta Versions”). Beta Versions are subject in all respects to these Terms, except that we may discontinue the Services or your ability to use a Beta Version at any time, with or without notice and without further obligations to you. By participating in a Beta Version test, you consent to Trifoia accessing all data, including your Personal Information, input or collected via your use of the Services for Trifoia to identify bugs, discrepancies, errors, or improvements in the Services. You also understand and agree that we may contact you to learn more about your use of the Services or related activities to improve the Services. You agree to notify us of all comments or suggestions about the Services, including without limitation any problems and ideas for improvements, which come to your attention during use of the Beta Version. By permitting you to access, download, install or use a Beta Version, we do not grant any additional right to you under any copyrights, patents, trademarks, or trade secret information. Trifoia reserves the right to condition your access to and use of a Beta Version on your execution of a Nondisclosure Agreement.

11. Enforcement

Trifoia reserves the right (but is not required) to remove or disable your access to the Services or your User Content at any time and without notice, and at our sole discretion, if we determine that your use of our Services or your User Content is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.

12. Term; Termination

These Terms remain in effect as long as you use any of the Services. You may terminate these Terms at any time by discontinuing all use of the Services. Trifoia may terminate your use of the Services and these Terms immediately at any time and for any reason with or without notice to you. You agree that all terminations by Trifoia are in Trifoia's sole discretion and that Trifoia shall not be liable to you or any third party for any such termination or outcomes thereof.

Upon termination of these Terms (i) the rights and licenses granted to you herein will automatically terminate; (ii) you shall cease all use of the Services; and (iii) Trifoia may at its own discretion remove and/or purge data, account information, and any other information obtained by us in connection with providing you with the Services. We reserve the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Any provisions that by their nature are intended to survive termination or expiration of these Terms will survive, including without limitation Sections 8 and 14 through 17.

13. Disclaimers

YOU USE THE SERVICES AT YOUR OWN RISK. Trifoia makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Services (including Courses offered through the Services) are not professional advice or professional representation or a substitute for such services. You are solely responsible for the outcome of your participation in a Course. It is your sole and exclusive responsibility to seek appropriate independent professional support as needed. Trifoia makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services. You agree that Trifoia is not liable and will have no liability whatsoever relating to any outcome of your use of the Services or for any action or inaction of you or any third party related to the Services. Any reliance you place on information offered through the Services is strictly at your own risk. 

IN ADDITION TO THE FOREGOING, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, TRIFOIA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

14. Limited Liability

NEITHER Trifoia NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, LEGAL OR REGULATORY LIABILITY OR OUTCOME, LOST DATA, LOST GOODWILL, SERVICE INTERRUPTION, OR DEVICE DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIFOIA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL TRIFOIA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO TRIFOIA IN FEES FOR USE OF THE SERVICES DURING THE THREE (3) Months Preceding the event giving rise to such liability OR, IF YOU HAVE NOT PAID ANY FEES TO TRIFOIA, fifty DOLLARS ($50). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES in these Terms ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRIFOIA AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify and hold Trifoia and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of USE OF THE SERVICES BY YOU OR A THIRD PARTY, YOUR USER CONTENT, YOUR FEEDBACK, ANY OUTCOME OF YOUR PARTICIPATION IN A COURSE, your violation of theSE Terms, or your violation of any rights of another person or entity.

16. Dispute Resolution

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT CONTAINS A CLASS ACTION WAIVER, REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM TRIFOIA. You agree that any dispute, controversy or claim between you and Trifoia arising out of or relating to: (1) these Terms, or the breach thereof; (2) our provision of the Services to you; (3) your access to or use of the Services; or (4) any alleged violation of any federal, state, or local law, statute, or ordinance (each such dispute, controversy or claim, a “Dispute”) will be governed by the arbitration procedure outlined below.

a. Informal Dispute Resolution

We want to address your concerns without the necessity of a formal legal case. Before filing a claim against Trifoia, you agree to try to resolve the Dispute informally by contacting Trifoia at . Trifoia will contact you by email as part of a good faith effort to resolve the Dispute informally. If a Dispute is not resolved within 30 days after submission, you or Trifoia may bring a formal proceeding.

b. Arbitration Agreement

You and Trifoia each agree to resolve any Disputes through final and binding arbitration administered by Arbitration Services of Portland under its rules then in effect before one arbitrator to be mutually agreed upon by both parties. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. The arbitration will be held in Eugene, Oregon, United States, or any other location we agree to. The Arbitration Services of Portland rules will govern the payment of all arbitration fees. Notwithstanding the foregoing, in lieu of arbitration either party may (i) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (ii) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.

c. Class Action Waiver

You may only resolve Disputes with Trifoia on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed under these Terms.

d. Limitation on Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

e. Governing Law; Venue

Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Oregon without regard to its conflict of laws principles. The Federal Arbitration Act, Oregon state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. You hereby consent to the exclusive jurisdiction of the state and federal courts located in Lane County, Oregon, USA to enforce these Terms or adjudicate any other Dispute, and you and Trifoia each agree to waive the right to a jury trial. Except as otherwise required by applicable law, if the agreement to arbitrate is found not to apply to you or your claim, you and Trifoia agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts in Lane County, Oregon.

17. General Terms

a. Geographic Restrictions

Trifoia is owned and operated in the United States. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

b. Relationship of Parties

The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.

c. Entire Agreement

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Trifoia and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Trifoia and you regarding the Services.

d. Assignment

You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Trifoia may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

e. Waiver; Severability

Trifoia’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Trifoia. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

f. Amendments

Trifoia reserves the right to amend these Terms of Use at any time by updating this posting without prior notice. Your continued use of the Services following the posting of updated Terms of Use constitutes your acceptance of such amendments. You are advised to periodically visit this page to determine the then-current Terms of Use. If the updated Terms are not acceptable to you, your only recourse is to discontinue using the Services.

g. Consent to Electronic Communications

By accessing or using our Services, creating a profile, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a button or link, you consent to (i) our communicating with you electronically; (ii) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. We will use electronic documents for all communications, notices, agreements, disclosures, authorizations, and other documents necessary to provide you with the Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You must have a computer or other web-enabled device, an internet connection, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at . Agreements and transactions executed prior to this request will remain valid and enforceable.

h. Notices

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given via email or by posting to the Services. You must send any notices or communications under these Terms to Trifoia at . For notices made by email, the date of receipt on the message will be deemed the date on which such notice is transmitted.

You accept these Terms in their entirety by ACCESSING or using the Services IN ANY MANNER or BY clicking to accept these Terms where that option is provided TO YOU.