Terms of Service
Published: tcmi.edu, tcmi.org, learn.tcmi.edu, students.tcmi.edu, library.tcmi.edu (Link Name: Terms of Use)
Last Updated: January 2025
Introduction
These are the Terms of Use (the “Terms”) for TCM International Institute (“TCM”) websites, including tcmi.edu, learn.tcmi.edu, and tcmi.org (the “Websites”).
Please be aware that these Terms constitute a binding legal agreement between you and TCM. You agree you are responsible for your use of our Websites and any resulting consequences. You may use our Websites and interact with us only in compliance with these Terms and all applicable laws.
Your use of our Websites constitutes your acceptance of these Terms, our Privacy Policy, and our GDPR Data Protection Policy. Links to all policies are provided on our Websites.
When using other TCM Websites, such as our community forums, you may be subject to any additional Terms that are otherwise made available from time to time.
Eligibility Requirements
By accepting these Terms through your use of our Websites, you certify that you are at least 18 years of age or are at least 13 years of age and using the Websites with the permission and supervision from a parent or guardian.
Representations & Warranties to TCM
By using our Websites, you represent, warrant, and agree:
You meet all age and eligibility requirements expressed in these Terms;
You are solely responsible for the accuracy, legality, and appropriateness of your use of the Websites, including all data, files, and communications entered into the Websites, as well as the use of downloadable assets generated from the Websites; and
You will only use our Websites for lawful purposes.
Prohibited Uses
You agree not to use our Websites:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information, or otherwise;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
To impersonate or attempt to impersonate TCM, a TCM employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Websites, or which, as determined by us, may harm the TCM or users of the Websites, or expose them to liability.
Additionally, you agree not to:
Use the Websites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Websites, including their ability to engage in real time activities through the Websites;
Use any robot, spider, or other automatic device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
Use any device, software, or routine that interferes with the proper working of the Websites;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, or any server, computer, or database connected to the Websites or attack the Websites in any way; or
Otherwise attempt to interfere with the proper working of the Websites.
Registering for an Account
To use or access certain services or features of the Websites, including applications, you may be asked to register for a user account (an “Account”) and become a registered user of the Websites (a “Registered User”). By becoming a Registered User, you agree to:
Provide accurate, current, and complete information about the Registered User during the registration process;
Maintain and promptly update such information to keep it accurate, current, and complete;
Maintain the security of your password and login information, and ensure that you will not disclose your password or login information to any third party;
Accept full responsibility for all use of any Account you register and for any actions that arise from or take place using your Account, whether or not you have authorized such actions or use; and
Immediately notify TCM of any unauthorized use of your Account.
Termination of Access
Failure to abide by the above section constitutes a breach of these Terms, which may result in immediate termination of your Account or other access to the Websites.
TCM maintains the right to suspend or disable your access to the Websites and any Account you may have created, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if TCM otherwise determines such action is warranted. TCM reserves the right to revoke your access to and use of the Websites at any time, with or without cause.
Websites and Availability
We reserve the right to withdraw or amend our Websites at our sole discretion without notice. We will not be liable if, for any reason all, or any part of the Websites are unavailable, at any time or for any period. From time to time, we may restrict user access to some parts or the entirety of our Websites.
You are responsible for both:
Making all arrangements necessary for you to have access to the Websites; and
Ensuring that all persons who access the Websites through your internet connection are aware of these Terms of Use and comply with them.
TCM reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.
Reliance on Information Posted
The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
Our Websites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting Websites. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the TCM, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the TCM. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Termination of Access
TCM maintains the right to suspend or disable your access to the Websites and any Account you may have created, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if TCM otherwise determines such action is warranted. TCM reserves the right to revoke your access to and use of the Websites at any time, with or without cause.
Updates
TCM may from time to time in its sole discretion develop and provide updates to the Websites, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that TCM has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
You shall promptly download and install all Updates and acknowledge and agree that the Websites or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Websites and be subject to these Terms.
Intellectual Property
Service Content, Software and Trademarks. You acknowledge and agree that our Websites may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by TCM, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on our Websites or Service Content, in whole or in part, except that the foregoing does not apply to any of your feedback that you legally upload to our Websites.
The TCM name and logos are trademarks and Service marks of TCM (collectively the “TCM Trademarks”). Other TCM, product, and Service names and logos used and displayed via our Website may be trademarks or Service marks of their respective owners, who may or may not endorse or be affiliated with or connected to TCM. Nothing in these Terms or in our Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TCM Trademarks displayed through our Websites, without our prior written permission in each instance. All goodwill generated from using TCM Trademarks will inure to our exclusive benefit.
Feedback Transmitted Through Our Websites. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information unrelated to information you provide (“Feedback”), provided by you to TCM is non-confidential, and TCM will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that TCM may preserve content, and may also disclose Feedback or content if required to do so by law, or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TCM, its users and the public. You understand that the technical processing and transmission of our Websites, including your content, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Linking to the Websites
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.
Third-Party Websites
Our Websites may provide links or other access to other third-party sites and resources on the Internet. TCM has no control over such sites and resources, and it is not responsible for and does not endorse them.
Communications
As part of your use of our Websites, you consent to receive electronic notifications from TCM. You may opt-out of receiving certain notifications from TCM by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain transactional announcements or notifications even if you have opted-out from other messages.
Third-Party Advertising & Marketing
TCM may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our Websites and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from TCM and our partners. If you do not wish to receive such advertising, you may opt out with the instructions provided within the communication. TCM may compile and release information regarding you and your use of our Websites on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our Websites.
Indemnity and Release
You agree to release, indemnify, and hold harmless TCM, its affiliates, and its and their respective officers, employees, directors, members, and agents from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of, or relating to, your use of Websites and interactions with us, your violation of these Terms, or your violation of any rights of another.
Disclaimer of Warranties Related to our Websites
YOUR USE OF OUR SERVICES AND YOUR INTERACTIONS WITH US IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TCM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TCM MAKES NO WARRANTY THAT: (I) OUR SERVICES OR OTHER INTERACTIONS WILL MEET YOUR REQUIREMENTS, (II) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURELY, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TCM WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF TCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE, OR THE INABILITY TO USE, OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL TCM ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, EXCEED THE AMOUNT YOU HAVE PAID TCM IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
General
Modification. We may modify these Terms at any time. We will post the changes on our Website or platform with the effective date, and notify you of any material changes. Your continued use of our Websites or continued interactions with us after the date of any such changes become effective constitutes your acceptance of these Terms.
Governing Law. TCM is a religious non-profit organization incorporated in the State of Indiana and is accredited as a degree-granting higher education institution by the Higher Learning Commission. The validity, interpretation, construction, and performance of these Terms shall be governed by the laws of the United States, where applicable, and otherwise by the laws of the State of Indiana, without regard to its principles of conflicts of laws. Any dispute arising out of these Terms shall be heard in a court of competent jurisdiction over cases and controversies arising in Indianapolis, Indiana.
No Waiver. The failure of TCM to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Contact Us. You may contact us by submitting our Contact Us form on our websites.
Business Addresses.
6337 Hollister Drive
Indianapolis, Indiana 46224 USA
Phone: +1-317-299-0333
Email: tcm@tcmi.org
Haus Edelweiss
Sattelbacher Strasse 16
A-2532 Heiligenkreuz N.Ö.
Austria Europe
Phone: +43-2258-8727
Email: tcm@tcmi.org
