Terms of Service
Last Updated April 16, 2018
These terms and conditions ("Terms of Service") govern your use of this website teamtreehouse.com ("Website"). In these Terms of Service, Treehouse Island, Inc. is referred to as the “Company", “Treehouse”,” “us,” or “we.”
- Welcome to Treehouse. These terms and conditions apply to the services available from and related to the domain and sub-domains of the Website, including without limitation any Treehouse-owned or third-party communication channels accessible from or related to the content of the Website (together with the Website, the “Services”).
- For as long as Treehouse continues to offer the Services, it shall deliver, update, improve and expand the Services as it deems appropriate. As a result, Treehouse allows you to access the Website as it is and as available on any day, and it has no other obligations, except as expressly stated in these Terms of Service. Treehouse may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. Unless otherwise noted, all of these changes are effective once posted on our site or by direct communication to you. Your use of the Services following such posting or communication constitutes your acceptance of the updated terms and conditions of use.
- Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, create an agency relationship, or authorize any party to make or enter into any commitments for or on behalf of any other party.
- Treehouse does not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to register for the Services without the express consent of such person’s parent or guardian. The Services are not intended for use by anyone under the age of 13. If you are under 13, please do not register for or access the Services. If you are under 16 and wish to use the Services, please have your parent or guardian contact us at email@example.com. Until we receive consent from your parent or guardian, do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 16 without verification of consent from a parent or guardian, we will delete that information as quickly as possible. If you believe your child has submitted information to Treehouse without your consent and is under 16, please contact us at firstname.lastname@example.org.
- If you are participating in the Compass program, including the use of assessments and other evaluations of individual participant skill, you acknowledge and agree that the Compass program is intended only as a tool, and nothing is intended to replace your or your users’ independent judgment. Treehouse is not liable for any damages arising out of reliance on the information contained in or derived from the Compass program or any hiring, promotion, or termination decision made directly or indirectly as a result of the skill assessments or evaluations made available through the Compass program. You agree not to bring, file, or participate in any claim, suit, or complaint against Treehouse as a result of any hiring or termination decision made by you or by any other person. You represent and warrant that you will use the Compass program only in accordance and compliance with all applicable laws and government regulations, including, without limitation, the Americans With Disabilities Act of 1990, as amended (the “ADA”).
- Users acknowledge and agree that Treehouse is not involved in the actual transaction between institutional users and their employees, contractors or candidates for positions, and Treehouse has no control over the quality, safety or legality of the institutions’ hiring, promotion or termination process. TREEHOUSE DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE RECRUITMENT, HIRING, PROMOTION, AND TERMINATION PROCESSES, AS WELL AS THE NON-COMPLIANCE OF FEDERAL AND STATE EMPLOYMENT OBLIGATIONS, REGULATIONS AND GUIDELINES BY USERS.
2. Your Use of this Website
- You must not use this Website for anything that is unlawful or is otherwise prohibited by these Terms of Service and/or any notices elsewhere on this Website.
- Treehouse advises that you seek professional advice before relying on any information on this Website. Under no circumstances will Treehouse be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
- When using this Website or the Services, you must not:
- defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
- publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
- upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
- upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
- impersonate any person or entity, including without limitation any employee or representative of Company;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
- run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with or place an unreasonable load on the Services’ infrastructure or any third party websites or services;
- decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
- falsify the origin or source of software or other material contained in a file that is uploaded;
- advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters, or solicit donations; or
- download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.
- You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments, if any, associated with your activity in connection with the Services.
- You represent and warrant Treehouse that you are of legal age to form a binding contract or have the consent of your parent or guardian to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
- If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity and consent to share any employee information with Treehouse. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
- If you link to the Website, Treehouse may revoke your right to so link at any time, at Treehouse’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.
- You will indemnify and hold Treehouse, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your or your employees’ access to the Services, use of the Services, your violation of these Terms of Service , or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
- In order to use the Services, you will need to register and become a member ("Membership") if you wish to access the Services via this Website, your Membership is subject to Treehouse’s subscription charges set out in your subscription plan. If you wish to change your subscription plan, at any time, please notify us and we will update your membership package, which will take effect at the end of your current commitment period (which may be either a yearly or monthly). Changes will be subject to these Terms of Service (and in particular paragraph 4.2).
- When registering, you must provide true, accurate, current and complete information about yourself. You are responsible for making sure this information is updated so that it is true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, Treehouse has the right to cancel your membership and refuse any and all current or future use of this Website.
- Registration requires a valid email address and unique password. To create a secure password, choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols. For example, $Mydog2!. Avoid choosing obvious words or dates such as a nickname or your birth date. You are responsible for keeping your username and password confidential and secure. We strongly recommend that you log-off from the Website when your session is complete to prevent unauthorized access to your information.
- You must not share your user name or password. If you believe there has been any unauthorized use of username or password, this must be reported to email@example.com as soon as you are aware of such use and Treehouse will, as soon as reasonably possible, cancel your user name and/or password. We will work with you to have new credentials (username and password) issued to you.
- Treehouse may, for security or other similar reasons, require that you provide information to us confirming your identity. In addition, we may also require that you change your user name and/ or password or other information which facilitates access to this Website or its Services.
- Treehouse reserves the right to cancel your Membership access without notice if we become aware of any breach of these Terms of Service by you.
- Treehouse will send you a confirmation e-mail, following registration and this will confirm your Membership, allowing you to access the Services available via the Website. You may cancel your membership at any time at https://teamtreehouse.com/account/enrollment – see section 7 for details of cancellation.
4. Charges and Payment
- Charges are linked to the individual or group membership package to which you subscribe. The terms of your Membership are incorporated in these Terms of Service by reference as if fully set forth herein.
- Your Membership will automatically renew and you will be charged in advance of your RENEWED MEMBERSHIP START DATE until your membership is cancelled. You may notify us of your wish to cancel your Membership at any time at https://teamtreehouse.com/account/enrollment, but your cancellation will not take effect until the end of your current commitment period (which may be either a yearly or a monthly period). ADDITIONAL TERMINATION PROVISIONS MAY BE FOUND IN SECTION 7 OF THESE TERMS OF SERVICE. Annual subscriptions will renew on the one-year anniversary of the start of your current annual membership term and will be effective for an additional year-long term unless cancelled prior to renewal. Monthly subscriptions will renew on the one-month anniversary of the start of your current monthly membership term and will be effective for an additional month-long term unless cancelled prior to renewal. Details of charges are shown within the sign-up process and can be found in https://teamtreehouse.com/subscribe/plans?trial=yes. SUBSCRIPTION PRICES MAY CHANGE AND WILL RENEW AT THE THEN-APPLICABLE RATE. In the event of a material change in the terms of the automatic renewal, we will provide you with notice of the material change and provide information regarding how to cancel your Membership in a manner that is capable of being retained by you. All charges are in US Dollars. Any reduction in the applicable membership price (for example, where you downgrade to a lower-priced package or reduce the number of users on your account) will take effect in your next membership payment period following notification. Any increase in the applicable membership price (for example, where you upgrade your package or add additional users) will take effect from the date of notification (so that a pro-rata payment shall be made for the remainder of the current payment period, with the full payment to be made from the beginning of the following plan period). Your membership period begins on the date on which you register for the Services and finishes on the day before that calendar date the following period.
- Payment for all charges are payable upon registration or the relevant periodic payment date. You can pay membership fees by any MasterCard, Visa, or American Express credit card; PayPal; or any other payment methods the company accepts. Your payment details will be encrypted to minimize the possibility of unauthorized access or disclosure. At the time of registration, you will be asked to provide credit/debit card details. In the event that Treehouse is unable at any time to obtain payment for any charges using credit card details, Treehouse may freeze your account until it has received payment in full.
- Your Membership may start with a free trial. The length and terms of our free trials are set out in https://teamtreehouse.com/subscribe/plans?trial=yes. The Company reserves the right, in its absolute discretion, to determine your eligibility for a free trial, and to withdraw or to modify a free trial at any time without prior notice and with no liability. We require that you provide payment details to start a free trial. At the end of your free trial, Treehouse will automatically start to charge you for the membership package associated with your free trial on the first day following the end of the free trial period, and continuing on a recurring yearly or monthly basis, depending on the length of your subscription period. By providing your payment details in connection with a free trial registration, you agree that we can charge you as indicated herein. If you do not want us to charge you, you must cancel your membership at https://teamtreehouse.com/account/enrollment before the end of your free-trial. See section 7 for additional details of cancellation. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun.
- You may be eligible for a discount on your membership fees in accordance with our referral program, the terms of which are set out in https://teamtreehouse.com/account/referrals and any other discount program that we may implement from time to time. Treehouse reserves the right, in its absolute discretion, to determine your eligibility for any discounts, and to withdraw or to modify a discount program at any time without prior notice and with no liability. In connection with our referral program, you will not receive a notice from us that a referred member’s account has been inactivated, and any discount associated with an inactivated member account will cease to apply as of your next membership payment period after such inactivation becomes effective.
5. Dealings with Third Parties
- Treehouse is not an agent of any third party or any party named or linked to this Website ("Third Parties") and does not have any authority to act for such Third Parties. Treehouse does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
- As part of the Techdegree program, Treehouse may engage certain individuals as independent contractors to provide mentoring and support services to you. You acknowledge and agree that Treehouse does not control the work or the services provided by such independent contractors, is not responsible for their supervision or hiring, and that such individuals are not agents of Treehouse nor do they have the power to bind Treehouse. Treehouse shall not be liable for the actions or inaction of any such individual.
- You agree that (to the maximum extent permitted by applicable law) Treehouse, our officers, directors and employees, shall have no liability to you in relation to any dispute which you may have with a Third Party, one or more of your customers, and/or any other users of this Website.
6. Intellectual Property
- You acknowledge and agree that all Content provided on the Website or through the Services, contained in sponsor advertisements or, presented to you by Treehouse, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
- You acknowledge and agree that you are permitted to review, print and make one copy, for your personal use, of the Content (and other items displayed on the Website for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant Content in any form.
- Without prejudice to any remedy that Treehouse may have against you, we may terminate or suspend with immediate effect and without notice, your access to and use of this Website and your Membership if:
- We do not receive timely payment under your subscription;
- We reasonably believe that you have breached any of these Terms of Service;
- We are unable to verify the accuracy or validity of any information provided by you;
- Or we suspect fraudulent, abusive or illegal activity by you.
- Should you object to any of these Terms of Service, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
- You may notify us of your wish to cancel your Membership at any time at https://teamtreehouse.com/account/enrollment, but your cancellation will not take effect until the end of your current commitment period (which may be either yearly or monthly). You will not be entitled to a refund for any fees already paid.
- You may notify us of your wish to reduce the number of additional users attached to your account or to downgrade to a different package at any time at https://teamtreehouse.com/account/enrollment, but such reduction will not take effect until the end of your current commitment period (which may be either yearly or monthly). You will not be entitled to a refund for any fees already paid in respect of such users or enhanced package, in accordance with section 4.2.
- Cancellation in respect of any individual online conference or Q&A session comprised in the Services will be accepted at https://teamtreehouse.com/dashboard at any time up to 24 hours before the intended starting time for such conference or session without affecting the number of conferences or sessions available to you under your package allowance. Cancellation after 24 hours before the intended starting time will reduce the number of conferences or sessions available as if such conference or session had gone ahead as planned.
8. Warranty Disclaimer and Limitation of Liability
- Treehouse has no special relationship with or fiduciary duty to you. You acknowledge that Treehouse has no control over, and no duty to take any action regarding: (i) which users gain access to the Services; (ii) what Content you access via the Services; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; (v) or what actions you may take as a result of having been exposed to the Content. You release Treehouse from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- IN NO EVENT SHALL TREEHOUSE OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES PURCHASED THROUGH THE WEBSITE DURING THE SIX-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (V) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDER BUSINESSES OR INDEPENDENT CONTRACTORS PROVIDING SERVICES ON BEHALF OF THE COMPANY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. Amendment to these Terms and Conditions
- Treehouse reserves the right to amend and alter these Terms of Service and any Content or information contained on the Website at any time. In the event these Terms of Service are altered Treehouse will post the amended Terms of Service on this Website. Changes will apply from the date of posting.
10. Techdegree Program Code of Conduct
- In addition to the other provisions of these Terms of Service, the following Code of Conduct applies to your participation in any of the Company’s Techdegree Programs:
- Students have the right to express themselves and participate freely in our online Techdegree Programs. However, they are expected to treat each other and our staff and independent contractors with courtesy and respect. Offensive or inappropriate language is not to be used in any form of communication, including without limitation emails, discussion postings, group projects, or submitted assignments. All course-related forums and other channels of communication are reserved for postings related to course work only. Postings of a personal or non-academic nature are not permitted and may be removed.
- Academic dishonesty is unacceptable and will not be tolerated. Cheating, forgery, plagiarism, and collusion in dishonest acts undermine Treehouse’s educational mission and students’ personal and intellectual growth. You are expected to bear individual responsibility for your work and to uphold our ideals of academic integrity. Examples of academic dishonesty include:
- Copying from others on a quiz, test, examination, or assignment;
- Allowing another student to copy your work on a quiz, test, exam, or assignment;
- Having others complete any quiz, test, exam, or assignment on your behalf;
- Buying or using any work product from an internet source or other person or company or taking any work of another, even with permission, and presenting the work as your own;
- Excessive revising or editing by another that substantially alters your final work;
- Giving other students information that allows the student an undeserved advantage on a quiz, test, exam, or assignment;
- Taking and using the words, work, or ideas of others and presenting any of these as your own work. This applies to all work generated by another, whether it be computer code, oral or written work, and whether used intentionally or unintentionally.
- Any violation of this Code of Conduct, including if Treehouse reasonably suspects that you have engaged in any academic dishonesty, will give rise to our right to immediately terminate or suspend your Membership without refund of fees already paid, along with any other remedies we may have against you for violation of these Terms of Service.
- While Treehouse will try to provide you with uninterrupted access to this Website and its Services, we may need to withdraw, modify, discontinue or suspend (temporarily or permanently) one or more aspects of this Website where Treehouse has a legal, technical or other good reason to do so (including technical difficulties experienced by us or any Internet infrastructure). However, Treehouse will try, wherever possible, to give reasonable notice of our intention to do so.
- Treehouse reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by us to be contrary to these Terms of Service. Treehouse has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.
- If Treehouse fails to exercise or enforce a right under these Terms of Service that failure shall not constitute a waiver of such right or provision.
- If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
- These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to the conflict of laws provisions thereof. Both parties submit to the non-exclusive jurisdiction and venue in the United States Federal Courts, District of Oregon.
- These Terms of Service set out the Treehouse’s entire agreement and understanding with respect to the subject matter of these Terms of Service and supersedes any and all representations, communications or prior agreements (written or oral) made to you.
- Each party acknowledges that on entering into these Terms of Service, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms of Service or not) except those expressly set out in these Terms of Service.
- Unless expressly provided in the Terms of Service no term is enforceable by any person who is not a party to it.
- You must report any violations of these Terms of Service to firstname.lastname@example.org.