Terms of Service for The Fulfillment Source Code (TFSC)
Last Updated: October 2024
Welcome to The Fulfillment Source Code (“TFSC”). By accessing or using our website, courses, materials, and services (collectively, the “Services”), you agree to comply with and be bound by these Terms of Service (“Terms”). Please read these Terms carefully before using the Services.
1. Acceptance of Terms
By using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. If you do not agree with these Terms, you should not access or use the Services.
2. Changes to the Terms
TFSC reserves the right to modify these Terms at any time. Any changes will be posted on this page, and your continued use of the Services after such changes are posted constitutes your acceptance of the new Terms. You are encouraged to review these Terms periodically for any updates.
3. Eligibility
The Services are intended for individuals who are at least 18 years old or have received consent from a parent or guardian to use the Services. By using the Services, you represent and warrant that you meet this eligibility requirement.
4. Use of Services
You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable laws or regulations or infringes upon the rights of TFSC or any third parties.
5. Account Registration and Access
To access certain Services, you may be required to register for an account. You agree to provide accurate, complete, and current information when registering. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account. TFSC reserves the right to suspend or terminate your account at any time for any reason, including violation of these Terms.
6. Payment and Refunds
Access to certain Services, including courses and materials, may require payment. All payments are final, and refunds will only be granted at the sole discretion of TFSC, subject to applicable laws.
7. Intellectual Property Rights
All content, materials, and intellectual property associated with TFSC, including but not limited to courses, videos, text, images, logos, and trademarks, are owned by TFSC or its licensors. You may not copy, distribute, modify, or create derivative works from any TFSC content without express written consent.
8. Disclaimer of Warranties
The Services are provided “as is” and “as available,” without warranties of any kind, either express or implied. TFSC makes no warranties or representations regarding the accuracy, completeness, reliability, or availability of the Services. We do not warrant that the Services will be uninterrupted, error-free, or secure.
9. Limitation of Liability
To the fullest extent permitted by law, TFSC and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Services;
- Any conduct or content of any third party on the Services;
- Any content obtained from the Services; and
- Unauthorized access, use, or alteration of your transmissions or content.
10. Safety Guidelines & Disclaimer of Liability
Certain activities suggested by TFSC may involve risks, including but not limited to physical activities, use of tools, or interaction with other individuals. By participating in these activities, you agree that:
Participation is entirely at your own risk.
- Supervision & Safety: Activities involving minors or tools (such as knives for pumpkin carving) should be supervised by a responsible adult. TFSC is not responsible for any injuries or damages that occur during participation.
Provided Materials: Any materials provided for activities should be used according to the provided guidelines. TFSC is not liable for injuries or damages resulting from improper use.
- No Guarantees: TFSC makes no warranties regarding the safety, efficacy, or suitability of suggested activities.
11. Privacy Policy
Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.
12. Termination
TFSC reserves the right to terminate or suspend your account and access to the Services at any time, without notice, for conduct that violates these Terms or is harmful to the interests of TFSC or other users.
13. Governing Law
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Washington State, without regard to its conflict of law provisions.
14. Dispute Resolution
Any disputes arising from or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of an arbitration institution in Washington State.
15. Indemnification
You agree to indemnify, defend, and hold harmless The Fulfillment Source Code (TFSC), its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorney’s fees and court costs, arising out of or related to:
Your use of the Services;
Your violation of these Terms of Service or any applicable law, rule, or regulation;
Your breach of any rights of a third party, including but not limited to intellectual property or privacy rights;
Any injury, damage, or loss caused by your participation in any activities suggested by TFSC, including, but not limited to, activities requiring adult supervision or those involving minors;
- Any misuse or unauthorized use of the Services.
TFSC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with TFSC in asserting any available defenses.
16. Contact Information
If you have any questions or concerns about these Terms or the Services, please contact us at team@fulfillmentsourcecode.com.
17. Entire Agreement
These Terms, along with the Privacy Policy, constitute the entire agreement between you and TFSC regarding the use of the Services and supersede any prior agreements.
End User License Agreement
Last updated: October 2024
The Fulfillment Source Code (TFSC) is licensed to You (End-User) by The Fulfillment Source Code, located at 6523 California Ave SW #216, Seattle, Washington, 98136-1833, United States (“Licensor”), for use only under the terms of this License Agreement.By downloading the Licensed Application from The Fulfillment Source Code, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement. referred to in this License Agreement as “Services.”
The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support thereof. The Fulfillment Source Code, not the Services, is solely responsible for the Licensed Application and the content thereof.This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest (“Usage Rules”). The Fulfillment Source Code acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.
The Fulfillment Source Code, when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. The Fulfillment Source Code is to be used on devices that operate with [compatible software].
TABLE OF CONTENTS
1.THE APPLICATION
2.SCOPE OF LICENSE
3.TECHNICAL REQUIREMENTS
4.NO MAINTENANCE AND SUPPORT
5.USER-GENERATED CONTRIBUTIONS
6.CONTRIBUTION LICENSE
7.LIABILITY
8.WARRANTY
9.PRODUCT CLAIMS
10.LEGAL COMPLIANCE
11.CONTACT INFORMATION
12.TERMINATION
13.THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
14.INTELLECTUAL PROPERTY RIGHTS
15.APPLICABLE LAW
16.MISCELLANEOUS
1. THE APPLICATION
The Fulfillment Source Code (“Licensed Application”) is a piece of software created to provide educational content — and customized for mobile devices (“Devices”). It is used to facilitate learning and access to courses.
2. SCOPE OF LICENSE
The license granted to You for the Licensed Application by The Fulfillment Source Code (TFSC) is limited to a non-transferable, non-exclusive license to use the Licensed Application on any Devices that You own or control and as permitted by the Usage Rules set forth in this License Agreement. This license does not allow You to use the Licensed Application on any Device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
Any attempt to do so is a violation of the rights of The Fulfillment Source Code and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of this license will govern any upgrades provided by The Fulfillment Source Code that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
3. TECHNICAL REQUIREMENTS
To use the Licensed Application, You must have a compatible mobile device or computer, access to the internet, and the necessary minimum system specifications required to install and run the Licensed Application. These technical requirements may vary based on the device, operating system, or software version. It is your responsibility to ensure that your device meets the necessary specifications, which include but are not limited to:
A compatible operating system (e.g., iOS, Android, or Windows)
- Sufficient storage space for installation and updates
An active internet connection for downloading, updating, and using the Licensed Application
- Appropriate security settings that allow for the installation of third-party applications (if applicable)
You acknowledge that these technical requirements may change over time as updates and enhancements to the Licensed Application are released. The Fulfillment Source Code (TFSC) is not responsible for ensuring that older devices or outdated operating systems are compatible with the Licensed Application.
4. NO MAINTENANCE OR SUPPORT
4.1 The Fulfillment Source Code is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Licensed Application.
4.2 The Fulfillment Source Code and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
8. WARRANTY
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of The Fulfillment Source Code‘s sphere of influence that affect the executability of the Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and notify The Fulfillment Source Code about issues discovered without delay by email provided in Contact Information. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 30 days after discovery.
8.4 If we confirm that the Licensed Application is defective, The Fulfillment Source Code reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
9. PRODUCT CLAIMS
The Fulfillment Source Code and the End-User acknowledge that The Fulfillment Source Code, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation.
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that You are not listed on any US Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
The Fulfillment Source Code (TFSC)
6523 California Ave SW #216
Seattle, WA 98136-1833
+1 206 809 1974
[email protected]
12. TERMINATION
The license is valid until terminated by The Fulfillment Source Code or by You. Your rights under this license will terminate automatically and without notice from The Fulfillment Source Code if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
15. APPLICABLE LAW
This License Agreement is governed by the laws of Washington State, excluding its conflicts of law rules.
WEBSITE DISCLAIMER
Last updated October 2024
The information provided by The Fulfillment Source Code (“we,” “us,” or “our”) on www.tfsc.co or www.fulfillmentsourcecode.com (the “Site”) and our mobile application is for general informational purposes only. All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
ACCEPTABLE USE POLICY
Last updated October 2024
This Acceptable Use Policy (“Policy”) is part of our Terms of Service (“Legal Terms”) and should therefore be read alongside our main Legal Terms: Terms of Service. If you do not agree with these Legal Terms, please refrain from using our Services. Your continued use of our Services implies acceptance of these Legal Terms.
Please carefully review this Policy which applies to any and all:
(a) uses of our Services (as defined in “Legal Terms”)
(b) forms, materials, consent tools, comments, posts, and all other content available on the Services (“Content”)
