Last modified: February 8, 2021
CyberCertify’s mission is to improve lives through learning. We enable anyone anywhere to enroll in educational courses to learn (students). We consider our model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you. These Terms apply to all your activities on the CyberCertify.me website, the CyberCertify.me Authorized Training Reseller program, the CyberCertify mobile applications, our TV applications, our APIs and other related services (“Services”).
Subscriber: The Service allows individuals and legal entities, each referred to as a “Subscriber,” to access CyberCertify content for Subscriber’s non-commercial internal training purposes to its Subscriber Learners. A Subscriber includes its authorized agents who are granted certain administrative rights (e.g., to access results data and invite and authorize Subscriber Learners to enroll and complete courses).
Reseller: A “Reseller” is an individual or legal entity who is a CyberCertify.me-approved Authorized Training Reseller bound by the CyberCertify.Me Authorized Training Reseller Program Agreement and ATR Program Guide.
Subscriber Learner: A Subscriber may permit use of the Service by its “Subscriber Learners” in order to grant access to training and educational material.
Visitor: A Visitor is anyone who visits our website or otherwise uses our Service who is not a Subscriber, Subscriber Leaner or Reseller.
Notwithstanding the foregoing, if CyberCertify has a license, subscription, or similar agreement with a Subscriber regarding CyberCertify’s provision of Services to you (“Other Agreement”), in instances of direct conflict, the Other Agreement shall prevail to the extent of that conflict.
USE OF THE SERVICE WITH EEA PERSONAL DATA REQUIRES A SEPARATE DATA PROCESSING AGREEMENT
Subscriber must contact CyberCertify and enter into a separate data processing agreement prior to using the Service with any personal data that is subject to the EU Data Protection Legislation. “EU Data Protection Legislations” means the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426).
This Service is owned and operated by CyberCertify. All right, title, and interest in and to the content, computer programs, and services provided by or through this Service, including, without limitation, design, compilation, information, documents, logos, graphics, sounds, and other materials related to this Service (collectively, “Content”) are owned either by CyberCertify or by third-party providers (“Third-Party Providers”). Except as otherwise expressly provided by CyberCertify, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Service shall be construed to confer any license under any of intellectual property rights, whether by estoppel, implication, or otherwise. CyberCertify and Third-Party Providers, as applicable, reserve any rights not expressly granted herein.
The Service allows Subscribers (such as employers and educators) to access, and if a Reseller, resell to Subscribers, CyberCertify training content including test questions and answers (such Content is referred to as “CyberCertify Content”).
LIMITED PERMISSION TO USE
CyberCertify and its designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, and marketing in any manner whatsoever for any or all commercial or non-commercial purposes. CyberCertify may, but is not obligated to, monitor or review any User Communications. CyberCertify shall have no obligations to use, return, review, or respond to any User Communications.
You are prohibited from posting or transmitting to or from this Service any User Communications that:
CyberCertify will have no liability related to any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. CyberCertify retains the right to remove any or all User Communications that includes any material TGA deems inappropriate or unacceptable.
You shall not access, store, distribute, upload, spam, spoof, or transmit to or from the Service nor include in User Communications: anything (including any software, code, file, or program) which may prevent, impair, or otherwise adversely affect the operation of any computer software, hardware, or network, any telecommunications service, equipment, or network, or any other service or device; prevent, impair, cheat, or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering, or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses, and other similar things or devices; or any material that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive, discriminatory based on race, gender, color, religious belief, sexual orientation, or disability, facilitates illegal activity, promotes unlawful violence, is otherwise illegal, or causes damage or injury to any person or property.
NO OBLIGATION TO MONITOR; ENFORCEMENT AND TERMINATION
We also reserve the right, in our sole discretion, to seek damages and other remedies, including without limitation, attorneys’ fees, from any such person to the fullest extent of the law, including criminal prosecution. Without limiting the foregoing, we have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service.
We do not undertake to review User Communications, or other third-party material before it is posted on the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party (e.g., Subscribers and other Third-Party Providers). We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
LINKS TO OTHER SERVICES
From time to time, this Service may contain links to other websites and online services. All such links are provided solely as a convenience to you. If you use these links, you will leave this Service. CyberCertify is not responsible for any content, materials, or other information located on or accessible from any such service. CyberCertify does not endorse, guarantee, or make any representations or warranties regarding any other service, or any content, materials, or other information located or accessible from such services, or the results that you may obtain from using such services. If you decide to access any other service linked to or from this Service, you do this entirely at your own risk.
LINKS TO THE SERVICE
You may not create or maintain any link from another service to any page on this Service without CyberCertify’s prior written permission. You may not run or display this Service or any Content displayed on this Service in frames or through similar means on another service or public communication without CyberCertify’s prior written permission. Any permitted links to this Service must comply will all applicable laws. In the event you do link to our Service (as we may permit in our sole discretion), we disclaim any and all representations and warranties with respect to the Service including the functionality and relevance of the Service.
You need an account for most activities on our platform. Keep your password somewhere safe because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting us.
You must have reached the age of consent for online services in your country to use CyberCertify. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account.
You need an account for most activities on our platform, including to purchase and enroll in a course. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account and CyberCertify will not intervene in disputes where you have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us. We may request some information from you to confirm that you are indeed the owner of your account.
COURSE ENROLLMENT AND ACCESS
When you enroll in a course or are assigned a course, you get a license from us to view it via the CyberCertify services and no other use. Don’t try to transfer or resell courses in any way. We grant you a limited access license, except when we must disable the course because of legal or policy reasons.
As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from CyberCertify a license to view the course via the CyberCertify platform and Services, and CyberCertify is the licensor of record. Courses are licensed, and not sold, to you. Unless you are a Reseller, this license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
In legal, more complete terms, CyberCertify grants you (as a Subscriber or Subscriber Learner) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a CyberCertify authorized representative. This also applies to content you can access via any of our APIs.
We generally give a limited, time-bound access license to Subscribers and Subscriber Learners when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons.
PAYMENTS, CREDITS AND REFUNDS
When you make a payment, you agree to use a valid payment method. We do not provide refunds or credits for courses that have been completed. We do offer a money-back guarantee for refunds requested within 30 days of purchase for courses that have not been accessed, viewed, or started within the 30-day period.
To request a credit/refund, contact firstname.lastname@example.org.
At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive any credit or refund.
The prices of courses on CyberCertify are determined based on evaluation of the value to the market and other contributing factors. In some instances, the price of a course offered on the CyberCertify website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.
We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.
If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as subscriptions, invoices, direct debit, or mobile wallet) for those fees. CyberCertify works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.
In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course purchase on our website, but can’t be used for purchases in our mobile or TV applications. Credits may expire if not used within the specified period, and have no cash value.
CONTENT AND BEHAVIOR RULES
You can only use CyberCertify for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. You may not access our Services if you are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government.
CyberCertify has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
LIMITATION OF LIABILITY
IN NO EVENT WILL CYBERCERTIFY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS, REPRESENTATIVES, SUCCESSORS, ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THIS SERVICE OR ASSOCIATED CONTENT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SERVICE, ASSOCIATED CONTENT, ANY SERVICES LINKED TO THIS SERVICE, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, CYBERCERTIFY’S SOLE OBLIGATION TO YOU FOR DAMAGES WILL BE LIMITED TO US$100.00.
APPLICABLE LAWS; JURISDICTION
LIMITATION TO FILE CLAIMS
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide CyberCertify’s designated agent with the following information:
CyberCertify’s agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows:
By mail: CyberCertify.me, Cyber Security Training and Consulting LLC, 112 North Central Avenue, Suite M09, Phoenix, Arizona 85004 U.S.A.
By email: email@example.com
Claims provided under the Digital Millennium Copyright Act must be provided in writing as stated above.
If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the United States or Canada, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us. This Dispute Resolution section applies only if you live in the United States or Canada. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting us.
Either of us can bring a claim in small claims court in (a) Maricopa County, Arizona, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.
If we can’t resolve our dispute amicably, you and CyberCertify agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 USD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.