Terms and Conditions

These “Terms of Use” set forth the terms and conditions that apply to your use of www.trickydefects.com (the “Web Site”). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity.

  1. Information rights and publicity
  2. Tricky Defects and its wholly owned subsidiaries may retain and use, subject to the terms of its Privacy Policy (located at https://www.TrickyDefects.com/privacy-policy , or such other URL as Tricky Defects may provide from time to time), information collected in Your use of the Service. Tricky Defects will not share information associated with You or your Site with any third parties unless Tricky Defects (i) has Your consent; (ii) concludes that it is required by law or has a good faith belief that access, preservation or disclosure of such information is reasonably necessary to protect the rights, property or safety of Tricky Defects, its users or the public; or (iii) provides such information in certain limited circumstances to third parties to carry out tasks on Tricky Defects’s behalf (e.g. data storage) with strict restrictions that prevent the data from being used or shared except as directed by Tricky Defects . When this is done, it is subject to agreements that oblige those parties to process such information only on Tricky Defects’s instructions and in compliance with this Agreement and appropriate confidentiality and security measures.

  3. Privacy
  4. You will not (and will not allow any third party to) attempt to copy, record or reverse engineer any Training Videos or Documentation supplied by Tricky Defects or stored on the Tricky Defects (or related) websites.

  5. Indemnification
  6. You agree to indemnify, hold harmless and defend Tricky Defects and its wholly owned subsidiaries, at Your expense, any and all third-party claims, actions, proceedings, and suits brought against Tricky Defects or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Tricky Defects or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Service, (iii) Your violations of applicable laws, rules or regulations in connection with the Service, or (iv) Your Brand Features. In such a case, Tricky Defects will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Tricky Defects reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

  7. Disclaimer of warranties
  8. TRICKY DEFECTS SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. UNDER NO CIRCUMSTANCES WILL TRICKY DEFECTS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS, OR OTHERS) OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THIS SITE, A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS’ SOLE RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRICKY DEFECTS OR THROUGH OR FROM TRICKY DEFECTS SERVICES SHALL CREATE ANY WARRANTY.
    The information and services included in or available through the Service, including the Reports and Email or Help Desk replies, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Tricky Defects and/or its respective suppliers may make improvements and/or changes in the Service or Software at any time, with or without notice. Tricky Defects does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service, the Training Videos or any other software on the Server are free of viruses or other harmful components. Tricky Defects does not warrant or represent that the use of the Service or the Training Videos will be correct, accurate, timely or otherwise reliable. THE SERVICE,

  9. Limitation of liability
  10. Tricky Defects AND ITS WHOLLY OWNED SUBSIDIARIES WILL NOT BE LIABLE TO USER OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCORRECT INFORMATION), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Tricky Defects AND/OR ITS SUBSIDIARIES AND AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. Tricky Defects’s (and its wholly owned subsidiaries’) total cumulative liability to You or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed U.S. $1000.

  11. Propriety rights notice
  12. The Service, which includes but is not limited to the Tricky Defects Training Videos and all intellectual property rights in the Service are, and shall remain, the property of Tricky Defects (and its wholly owned subsidiaries). All materials contained on the Web Site are Copyright January 1, 2015, Tricky Defects Ltd. All rights reserved. No person is authorized to use, copy or distribute any portion of the Web site including related graphics. All rights in and to the Processing Software not expressly granted to You in this Agreement are hereby expressly reserved and retained by Tricky Defects and its licensors without restriction, including, without limitation, Tricky Defects’s (and its wholly owned subsidiaries’) right to sole ownership of the Tricky Defects Software and Documentation. Without limiting the generality of the foregoing, You agree not to (and to not allow any third party to): (a) sublicense, distribute, or use the Service outside of the scope of the License granted herein; (b) copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Processing Software or otherwise attempt to discover any source code or trade secrets related to the Service; (c) use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with the Service for any purpose without the express written consent of Tricky Defects; (d) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with Tricky Defects (or its wholly owned subsidiaries) other than in the name of Tricky Defects (or its wholly owned subsidiaries, as the case may be); or (e) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with the Service.

  13. Links to Third-Party Web Site
  14. Centre4 Testing Ltd may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. Centre4 Testing Ltd does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Centre4 Testing Ltd does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. Centre4 Testing Ltd will have no liability to any entity for the content or use of the content available through such hyperlink.

  15. Modification to terms of service and other policies
  16. Tricky Defects reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the site located at www.trickdefects.com (or such other URL as Tricky Defects may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Tricky Defects, (ii) You accept updated terms online, or (iii) You continue to use the Service after Tricky Defects has posted updates to the Agreement or to any policy governing the Service.