TCM Security Purchase Agreement Terms and Conditions

1. Parties

This purchase agreement is between you (the "purchaser" or "student") and TCM Security. You may contact us by email at [email protected] or by phone at 877-771-8911.

2. Copyright Ownership and License

TCM Security owns copyrights for instructional materials that you receive from us. You are vested with a personal use license for the instructional materials, for the sole purpose of our training of you in the curriculum for the course(s) that you purchase from us. Please note that your course may be recorded. No personally identifiable information -- including your name, image, or likeness -- will be visible, disclosed or shared with anyone viewing the recording of the course. You hereby assign to TCM Security the copyright in your recorded dialog with the instructor in the course that you attend.

3. Business-to-Business Training Provider

TCM Security is a business-to-business training provider and provides certain instructional services only to individuals who are sponsored by an employer which pays for or plans and carries out a project or activity (each employer being a "Sponsor"). TCM Security does not permit individual members of the public to directly register for a TCM Security class that costs over $500 (classes packaged with other services that exceed that amount may be allowed), except in cases where the individual enrollee is being sponsored by a Sponsor. By registering for TCM Security 's instructional services that fall into the restricted category, you represent and warrant that: 1) you have permission from your Sponsor to receive instructional services from TCM Security; 2) you are an employee of a Sponsor which pays for the instructional services provided to you; and 3) you agree to furnish to TCM Security any additional documentation necessary to verify your eligibility to receive the instructional services or to verify your compliance with the terms and conditions of this Purchase Agreement. In the event that TCM Security determines that you are not eligible to enroll in the instructional services, TCM Security may, in its sole and absolute discretion, reject your enrollment and terminate your license for all instructional materials. For more information, please contact us by email at [email protected] or by phone at 877-771-8911.

4. Registration and Payment

a. For All Access Membership, purchases are refundable only within 24 hours of the time you made your purchase, after which all purchases are non-refundable.

b. For Certifications, purchases are refundable only within 24 hours of the time you made your purchase and only if the certification exam has not been started, after which all purchases are non-refundable.

c. For instructor-led courses, TCM Security offers a generous and flexible reschedule policy. If you are unable to travel to the course for which you are registered, the course may be delivered to you Virtually (Live Online) on your scheduled course date. If your schedule does not allow you to attend your course In-Person or Virtually on your scheduled date, you may transfer your course registration to a future date on which the course is being offered, provided you notify us of your request at least ten (10) days prior to the start date of your scheduled course. TCM Security does not limit the number of times you can reschedule your course. Your course registration, however, must be used within 1 year of the purchase date, after which the full tuition will be forfeited.

d. In the event a public emergency prevents the running of an In-Person course in your scheduled location, we will offer you the opportunity to attend the course Virtually (Live, Online).

e. Purchases of course vouchers are non-refundable. Course vouchers must be used within 1 year of the purchase date or the full tuition will be forfeited.

f. If you disrupt a course session, we reserve the right to remove you from the course. In the event you are removed from a course, you will have no right to a refund.

g. Failure to attend an In-Person or Virtual Online course for which you are registered without written notification prior to the start date of the course will be considered a ‘no show’ and will result in forfeiture of the full tuition fee.

h. All transfer, cancellation, and refund requests must be made in writing via email to [email protected]. In the event that we elect in our discretion to refund a course fee paid by you, the refunded amount will be credited to the credit card that you used for the purchase, or a check will be mailed to the billing address within fourteen (14) calendar days after the request is approved.

i. For instructor led training only, if you are not satisfied with the quality of a TCM Security instructor led course, we will return the payment to its payor. To qualify for the 100% money-back guarantee, you must attend the entire course, and you must not have started any certification exam tied to the course. Requests under the satisfaction guarantee must be made within three (3) days of completion of the class. Requests under the satisfaction guarantee must be made in writing via an email sent to [email protected].

5. Academic Honesty & Non-Disclosure

As the purchaser of or student taking an examination, the examination environment is made available to you for the sole purpose of certifying. You agree that you will not disclose, publish, reproduce, transmit, or make available, in part or in full, any portion of the examination environment or course materials by any means, to include, but not limited to, voice, electronic, cryptological, mechanical, etc., without the expressed written consent of TCM Security. These non-disclosure obligations extend beyond completion of any examinations.

Examinee attests that they are the person who is taking the exam and agrees that at no time will they solicit assistance from others with their exam attempt. Examinee submits that they have provided us with correct and accurate registration information and all requirements for the credential and exam. Examinee agrees that any breach of the Academic Honesty Policy, including, but not limited to, cheating, providing support or assistance to another examinee, sharing exam environment information with third parties, etc., may result in (a) a failing examination grade and revocation of retake opportunities; (b) temporary or permanent ban from the TCM Security without refund; (c) revocation of the Practical Network Penetration Test certification ; or (d) Civil liability and/or criminal prosecution.

6. Disclaimers

a. TCM SECURITY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. OUR PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

7. Limitation of Liability

a. In no event shall we be liable to you for indirect, special, punitive, incidental, reliance, exemplary, or consequential damages (whether loss of profits, loss of expected savings, or otherwise). In no circumstance shall our total liability to you exceed the amounts paid by you to TCM Security for course enrollment.

b. The foregoing limitations of liability and disclaimers apply regardless of the form of the action, whether sounding in contract, warranty, strict liability, negligence, or other tort. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

8. Governing Law; Exclusive Venue

a. This Agreement and your use of our website and services are governed by and construed in accordance with the substantive law (and not the law of conflicts) of the State of Delaware.

b. You expressly agree that all lawsuits arising under or in connection with your purchases from us, our instructional services, and our relationship with you shall be filed exclusively in courts of competent jurisdiction in the State of Delaware, USA. You submit to the exclusive jurisdiction of courts of competent jurisdiction in the State of Delaware, USA, with respect to any dispute with TCM Security. You waive any defense or argument claiming that courts of competent jurisdiction in the State of Delaware, USA, do not represent the preferred venue, lack personal jurisdiction, or are inconvenient or otherwise unsuitable based on the doctrine of forum non conveniens.