Terms of Service
These Terms of Service are an agreement between you and Powered by HeartCert and the product MyTASystem, (referred to in these Terms of Service as "MyTASystem", “TAS”, "us", "we" or "our"), the provider of the MyTASystem website and the services accessible from the MyTASystem website (which are collectively referred to in these Terms of Service as the "Services").
This Agreement governs your access to and use of the Services. By using or accessing the Services you agree to abide by this Agreement without modification by you. If you do not agree, you are not permitted to use the Services.
You are solely responsible for maintaining the security of your account and are responsible for all activities that occur within that account and any other actions taken on the Services, including actions taken by your designates, agents, contractors, and employees and all individuals that you register as users in your account (“Your Users”).
You will ensure that you and Your Users comply with all of the provisions of this Agreement and any applicable local, state, national and foreign laws, including those related to data privacy and transmission of personal data, at all times while using the Services. Any reference in this Agreement to your “access” or “use” of Services (or similar phrase) is deemed to include access or use by you or Your Users, and any act or omission of one of Your Users that does not comply with this Agreement will be deemed a breach of this Agreement by you.
You are solely responsible for any liability resulting from your or any of Your Users’ handling of payment card data. You agree that you and Your Users will comply with PCI DSS anytime the Services are used to process credit cards.
You are responsible for keeping your password secure. MyTASystem cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
You and Your Users will not:
- Submit any infringing, obscene, defamatory, threatening, or otherwise unlawful material to the Services, including material that violates privacy rights.
- Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
- Attempt to gain access to the Services or related systems or networks in a manner not permitted by this Agreement.
- Post, transmit or otherwise make available through or in connection with the Services any virus, spyware, malware or other harmful computer code, files, scripts or programs.
- Remove any copyright, trademark or other proprietary rights notice from the Services.
- Frame or mirror any portion of the Services, or otherwise incorporate any portion of the Services into any product or service.
- Resell the Services in any manner.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content, or reproduce or circumvent the navigational structure or presentation of the Services.
- Infringe or violate the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity.
Fees and Payment Terms
You agree to pay all fees associated with your access to and use of the Services, as set when registering for your account. Failure to pay fees when due will be deemed to be a violation of this Agreement. The fees paid are non-refundable.
MyTASystem reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at the MyTASystem website. If MyTASystem does for any reason modify or change the prices for your service plan, we will provide you with at least two (2) months’ advanced notice via email.
We claim no ownership rights over the content or data submitted or created exclusively by you or Your Users in your account. Any content or data that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content or data except for the limited rights needed for us to provide the Services to you. Similarly, any reporting data we collect from your use of the Services remains yours. By using the Services you agree that we can use this data to provide the Services to you.
The contents of the Services are copyrighted under the United States copyright laws. MyTASystem, and the associated logos, are trademarks of MyTASystem and may not be used without our written permission. You may not duplicate, copy, or reuse any portion of the web site’s HTML/CSS, images, and/or content without our written permission. You do not acquire any ownership rights by using the Services.
You represent and warrant that any information or content that you upload to your account or otherwise provide to MyTASystem in connection with the Services is owned by you or that you have a valid and legal license agreement authorizing you to publish, use, or otherwise transmit the content on or through your Services.
Termination of Services
If you or your users violate this Agreement, then MyTASystem may, in its sole and absolute discretion, take any or all of the following actions:
- Suspend or cancel your access to the Services.
- Suspend or cancel Your Users’ access to the Services.
- Refer any illegal activity to appropriate authorities.
- Terminate this Agreement.
You may cancel or terminate the Services at any time by submitting a support request through the platform or contacting our office. If the Services are canceled or terminated (whether by you or us), your right to use and access the Services stops immediately. If the Services are canceled or terminated we will delete the data and content associated with your account so please save your data prior to cancellation.
We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we use reasonable efforts to provide you with notification of any material changes, as determined in our sole discretion.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Services. Your continued use of the Services following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Services, including the release of new tools and resources, will be subject to these Terms of Service.
You agree to indemnify and hold MyTASystem, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account. All information and tools provided through our services are done so in good faith, it is ultimately your responsibility as the user to ensure all items including but not limited to: Taxes, payroll, legal items, student/instructor information etc. are accurate, reported and paid as needed/required for your business.
The Services and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether expressed or implied. MyTASystem is a distributor and not a publisher of the content supplied by third parties; as such, MyTASystem exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Services. Without limiting the foregoing, MyTASystem specifically disclaims all warranties and representations in any content transmitted on or in connection with the Services or on sites that may appear as links on the Services, or in the products provided as a part of, or otherwise in connection with, the Services, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice, tool or written information given by Powered by HeartCert / MyTASystem or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty or guarantee. Without limiting the foregoing, MyTASystem does not warrant that the Services will be uninterrupted, uncorrupted, timely, or error-free.
Limitation of Liability
MyTASystem will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Services, whether or not MyTASystem is advised of the possibility of such damages.
To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Services under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).
These Terms of Service and any claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of the State of Minnesota. You irrevocably consent to the exclusive jurisdiction of the courts of Minnesota and the federal courts situated in Minnesota in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.