Ownership Of The Site
All pages within this Site and any material made available for download are the property of Table Mesa, Inc. (“Table Mesa”), or its Course Providers, licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws. The Contents of the Site, including without limitation Course Content, the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Table Mesa. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other proprietary information (including: images, text, page layout, or form) of Table Mesa without our express written consent.
CE Course Content
Table Mesa shall have no responsibility or liability to any users or licensees with respect to Course Content. Notwithstanding the foregoing, Table Mesa shall have the right to review all Course Content for its own purposes, including security and integrity of the Site, and to permit governmental, regulatory and licensing authorities to review Course Content. Table Mesa shall have the right, and all Course Providers grant the right license to Table Mesa, to make reasonable cosmetic changes to Course Content in connection with the security, integrity, aesthetics, branding and proper functioning of the Site.
Additional Terms Applicable to CE Providers
Pricing for Paid Courses
Unless a course is made available through the Table Mesa Discount Program (as described below), a Course Provider will be solely responsible for determining the fees to be charged for each Course. If you are a Course Provider, you hereby authorize Table Mesa to deduct from the amounts paid by a User for a Course, a transaction fee to be retained solely by Table Mesa, regardless of whether the Course is sold through a Discount Program or not (the "Table Mesa Transaction Fee"). Unless a Course Provider and the Table Mesa agree otherwise in a writing signed by the Course Provider and an authorized representative of Table Mesa, Course Provider acknowledges and agrees that the Table Mesa Transaction Fee shall be 30% of all amounts received by Table Mesa for a purchase of a Course, minus any amounts refunded to Users and sales or other taxes collected (if any).
Table Mesa will issue payment for any amounts due to Providers for the sale of Courses by the last day of the month following the month in which a Course was purchased. Payment shall be made in U.S. Dollars unless otherwise agreed to in writing by Table Mesa, and shall be remitted via an electronic payment service. You are responsible for providing Table Mesa with all identifying and tax information necessary for the payment of amounts due.
By way of example only, if we received $10,000 from Users for the sale of your Courses during the month of June, no Users requested refunds, and the sales were subject to the Table Mesa Transaction Fee of 30%, Table Mesa would issue payment to you in the amount of $7,000 by July 31.
Table Mesa uses deal and price tests to determine the optimum price at which to sell a Course. If your Course is sold through a discount program, you grant us the exclusive right (a) to promote your Courses through the Site or other third party websites (such as Facebook) at discounts of up to 75% off the prices you establish, and (b) to allow certain third party websites (including, without limitation, Amazon Local, Living Social, Groupon, Appsumo, Stack Social, Deal Coop and MightyDeals) ("Discount sites") to offer your Courses at discounts of up to 75% off the prices you establish. Typically discounts are available for one month or less, but from time to time discounts may be available for a longer time period. You agree not to directly or indirectly offer your Courses without our involvement or written consent through the following Discount Sites: Amazon Local, Living Social, Groupon, Appsumo, Stack Social, Deal Coop and MightyDeals.
You may receive different amounts from the sale of a Course through the Table Mesa Discount Program depending on whether the Course is promoted directly by Table Mesa or through a Discount Site:
- If your Course is promoted by Table Mesa through the Table Mesa Discount Program, Table Mesa will retain the Table Mesa Transaction Fee for that Course. The Table Mesa Transaction Fee shall be based upon the post-discount amount paid by a User for a Course.
- If your Course is sold by a Discount Site through the Table Mesa Discount Program, you hereby authorize the Discount Site that sold your Course to retain a commission (the "Discount Site Commission"). The Discount Site Commission is determined by Table Mesa and the applicable Discount Site on a case-by-case basis, but is typically equal to 50% of the amount paid by a User for a Course. Table Mesa shall also be entitled to the Table Mesa Transaction Fee for Courses sold by Discount Sites. The Table Mesa Transaction Fee shall be based upon the net amounts paid by the Discount Site to Table Mesa following the deduction of the Discount Site Commission.
In order to promote the sale of Courses through the Table Mesa Discount Program, each Course Provider grants Table Mesa the right to distribute Courses on a royalty free basis to Discount Sites for the Discount Sites to review such courses and determine whether the Discount Sites wish to market and promote the sale of the Courses.
All Course Providers and all Courses are automatically enrolled in the Table Mesa Discount Program. We encourage you to remain in the Table Mesa Discount Program, as it helps us drive sales of your Course(s) and find the optimal price point for selling your Course(s). If you do not want to participate in the Table Mesa Discount Program, please log in to your account and uncheck the box indicating your enrollment in the Table Mesa Discount Program.
NOTE TO PROVIDERS: PLEASE REMEMBER THAT YOU ARE AUTOMATICALLY ENROLLED IN THE DISCOUNT PROGRAM WHEN YOU REGISTER. IF YOU DO NOT WISH TO BE ENROLLED IN THIS PROGRAM AND ENJOY THE SIGNIFICANT BENEFITS OFFERED BY THIS PROGRAM, PLEASE LOG IN TO YOUR ACCOUNT TO OPT OUT THIS PROGRAM.
Providers further acknowledge and agree:
- All Providers are subject to approval from Table Mesa, which we may grant, deny or withdraw at any time in our sole discretion.
- You are fully responsible for all of the content you provide in, through, or arising out of your use of the Site, and for the accuracy of same.
- You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the CE Courses and services you identify, and that the credentials you post on and through the Site are accurate, truthful, complete, and not misleading.
- You will not post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or to Users.
- You will not use the Site for any business other than for providing continuing educational Courses and services to Users of the Site.
- You will not engage in any activity that will require Table Mesa to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings.
- You will not copy, modify or distribute Table Mesa Content from our Site, including trademarks and copyrights.
- You will not interfere with or otherwise prevent other Course Providers from providing their services or Courses.
- You will keep your content and contact information up-to-date, and respond to Users seeking your services in a timely fashion, so as to ensure quality of service provided to licensees and other Users of the Site.
- If you are in a state or location where any form of instructing requires a license, credential, certification or other form of governmental or third party license, consent, authorization or permission, you shall not use the Table Mesa Site as a Provider until such license, consent, authorization or permission is obtained.
- Table Mesa may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site. We reserve the right to review the Courses for any purpose, and may modify the presentation of a course so that it conforms to our marketing vision.
- Pricing for Paid Courses
Provider Courses and Other Content
If as a Provider you submit, upload or post any Course Content, course materials, descriptions or other content to us or our Site (“Provider Content”), you agree not to provide any Provider Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
Each Provider grants to Table Mesa a royalty-free, irrevocable, transferable right and license to use the Provider Content to deliver the Provider Content to Users; market, promote, advertise and provide the Table Mesa Services; and to otherwise use and exploit the Course Content (or any portion or derivative works thereof) for Table Mesa’s lawful business purposes, through any and all distribution outlets or channels, whether now known or hereafter created. This license enables us to provide the Services and provide access to the Course Content to Users, and is not intended to otherwise limit your rights to the Content. You hereby retain any and all rights that you have in and to your Course Content; provided, however, that you may not directly license a User who acquires or accesses your Course Content through the Services.
You have the right to remove all or any portion of your Course Content from the Services at any time, with such removal terminating the grant of rights to Table Mesa in Section 13(a) below with respect to such Course Content within 60 business days of such removal (the "Course Content Effective Termination Date"), but such removal shall not terminate the grant of rights given to any Users who paid any required fees to access or use any removed Course Content prior to the Course Content Effective Termination Date. For the avoidance of doubt, removal of some, but not all, Course Content shall serve as a termination with respect only to such removed Course Content but not any other Course Content.
You agree to defend, indemnify and hold Table Mesa harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Table Mesa arising out of any Provider Content you post or allow to be posted to the Site.
Additional Terms Applicable to Users
All User's agree:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course.
- If you are under the age of 18, you have obtained parental or legal guardian consent before using the Site, contacting a Provider, or registering for a Course.
- Table Mesa may record all or any part of any Courses (including Users’ voice and chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site.
- You will not do any of the following on or through the Table Mesa Site:
- upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
- post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content;
- manipulate or interfere with the Table Mesa Site and services; and
- reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Course Content or other content obtained from any Table Mesa Site without our express written permission or the permission of the Provider who authored such Course Content, excluding only reproductions made for your personal, non-commercial use or for a reproduction and distribution back to a Provider as part of a Course.
Money Back Guarantee. Table Mesa offers Users a thirty (30)-day, no-questions-asked money back guarantee. If you, as a User, are unhappy with such a Course and request a refund within thirty (30) days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid. To request a refund, please contact us via support.mytablemesa.com. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Table Mesa Site, without any liability to you.
User Generated Content, Reviews, Feedback and other Postings to the Site
If as a User you submit, upload or post any comments, ideas, suggestions, information, files, images or other materials to us or our Site (“User Generated Content”), you agree not to provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. Table Mesa shall have a royalty-free, irrevocable, transferable right and license to use the User Generated Content however Table Mesa desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Generated Content and/or incorporate such User Generated Content into any form, medium or technology throughout the world. Table Mesa is and shall be under no obligation (1) to maintain any User Generated Content in confidence; (2) to pay to you any compensation for any User Generated Content; or (3) to respond to any User Generated Content.
Table Mesa does not regularly review posted User Generated Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted to the Site. You grant Table Mesa the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Table Mesa and its affiliates take no responsibility and assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold Table Mesa harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Table Mesa arising out of any User Generated Content you post or allow to be posted to the Site.
You may not use any scraper, spider, robot or other automated means of any kind to access the Site, except and solely to the extent permitted by these Terms and the features of the Site and services, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or Services.
Violations of system or network security may result in civil or criminal liability. Table Mesa will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Accuracy and Integrity of Information
Although Table Mesa attempts to ensure the integrity and accurateness of the Site, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Site and Content thereon. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Table Mesa so that it can be corrected. Information contained on the Site may be changed or updated without notice. Additionally, Table Mesa shall have no responsibility or liability for information or Content posted to the Site from any non-Table Mesa affiliated third party.
Typographical Errors and Incorrect Pricing
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at our sole discretion. Some situations that may result in your order being canceled include inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
You can purchase products and/or services on the Site. We accept credit and debit cards issued by U.S. banks. If a credit card account is being used for a transaction, Table Mesa may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Access to Site; Indemnification
In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Table Mesa. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. You may not take any CE course for the benefit of another user or licensee, and may not ask another individual to take any CE course for your benefit or on your behalf.
Links to Other Sites
Table Mesa makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Table Mesa site, please understand that it is independent from Table Mesa, and that Table Mesa has no control over the Content on that website. In addition,a link to a non-Table Mesa website does not mean that Table Mesa endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below.
Table Mesa respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to Table Mesa’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available Through the Table Mesa Site
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Copyright Agent:Art Littlefield
1877 Broadway Ste 100
Boulder, Co 80302
Disclaimer of Warranties
TABLE MESA DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. TABLE MESA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. TABLE MESA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WITHOUT LIMITATION THE GENERAL OF THE FOREGOING, TABLE MESA PROVIDES NO WARRANTIES AND SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO THE FOLLOWING:
- Personal injury or wrongful death, including malpractice, arising from or relating to any content or materials provided on or through the Site, including without limitation, continuing education courses.
- Users earning or attempting to earn continuing education unit credits from Course Providers who are not properly approved by the applicable licensing authority.
- Content, links viruses, worms, spyware, Trojan horses, and other items of a destructive nature from Course Providers or other materials on the Site.
- Statements, misrepresentations or errors made by Course Providers with respect to their services, including without limitation, the acceptability of courses for CE credit and the number of credit hours awarded for completing courses.
- Users taking and paying for more CE credit hours than actually required for certification or licensing compliance.
- CE content and services from Course Providers, including erroneous, burdensome or difficult materials; and the failure to provide adequate support to users.
- Any proceedings, investigations, audits or claims brought by any governmental, regulatory or licensing authority against users arising out of the use of this Site or any CE content or courses.
- Verifying or authenticating the identity of any users or licensees, including liability to or claims by any governmental, regulatory or licensing authority with respect to the identity or authentication of users and licensees.
Limitation of Liability Regarding Use of Site
TABLE MESA AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF TABLE MESA TO YOU WITH RESPECT TO YOUR USE OF THIS SITE IS $500 (FIVE HUNDRED DOLLARS).
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TABLE MESA SHALL HAVE NO LIABILITY WHATSOEVER WITH RESPECT TO THE MATTERS AND CIRCUMSTANCES DESCRIBED IN SECTION 11, ABOVE.
By using the Table Mesa Site and Services, or communicating with us, you agree that we may communicate, notify and enter into contracts with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing. To receive written notice of a security breach through the U.S. postal mail (or to withdraw your consent from receiving electronic notice), please contact us via support.tablemesa.com