This Terms of Service Agreement ("Terms of Service", or "Agreement") between you or the company you represent ("you", "your", or "Author") and CyberU, Inc. ("CyberU", " we", "us", or "our") sets forth the legally binding terms for your use of the CyberU.com website (including all areas of the site), any successor websites, as well as the services, software, and applications provided online and/or made available offline through or in connection with the service, including through a mobile device (collectively, "Site" or "Service"). By accessing or using the Service and/or by clicking on the "Signup" button, you signify that you have read, understood, and agree to be bound by the Terms of Service. If you are acting as a representative or agent of a company, you represent you are authorized by that company to bind the company to this Agreement.
This Agreement includes the rights, obligations, and restrictions regarding your use of CyberU and content posted on CyberU. Please see our https://www.cyberu.com/privacy-policy for more information about how we collect, use, and share information on CyberU.
CyberU may modify this Agreement at any time and such modification shall be effective thirty (30) days from the posting by us of the updated terms at http://www.cyberu.com/terms-of-service. If we do modify this Agreement, we will post the amended Agreement on this page and indicate at the top of the page the date the Agreement was last revised. Your continued use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
The Service enables a user to do some or all of the following: view online content (e.g., in the form of text, images, video, flash, etc.); take online classes/tests; connect with other users; participate in online discussions; create online communities pertaining to specific topics; create and/or administer classes/tests; offer classes/tests for sale; and purchase goods and services offered by CyberU, you, and/or other parties in an online marketplace. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the terms and conditions of this Agreement. The Service may not be used for any purpose not expressly permitted by this Agreement. You may not reproduce, copy, duplicate, sell or resell any part of the Service, except to the limited extent expressly permitted by this Agreement.
In consideration of your use of the Service, you represent that you are not a person barred from using the Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to CyberU, to keep it accurate, current and complete; and (d) be responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or CyberU has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CyberU has the right to suspend or terminate your account and refuse any and all current or future use of the Service. In addition, CyberU reserves the right to suspend or terminate your account at any time for any reason, with or without notice, if CyberU believes you are not in full compliance with this Agreement. Upon account termination, you must immediately cease using the Service, and CyberU will have no obligation to maintain your account or any of your Content for any period beyond what may be required by applicable law. CyberU is not under any obligation to verify the actual identity or authority of the user of any user name or password.
You are responsible for all activity occurring on your account and shall abide by all applicable local, provincial, federal and foreign laws, treaties and regulations in connection with your use of the Service, including without limitation, those related to data privacy. You agree to immediately notify CyberU of any unauthorized uses of the account or any other breaches of security. CyberU cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You may never use another user's account without permission. You must notify CyberU immediately of any breach of security or unauthorized use of your account. Although CyberU will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of CyberU or others due to such unauthorized use. By providing CyberU your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail, except as otherwise mandated by applicable law. We may also use your email address to send you other messages, including without limitation, changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by emailing email@example.com. CyberU may deactivate any account at any time with or without notice.
The following definitions apply to material on the Site:
Both the Site and all Site Content are the property of CyberU, its users or its licensors, with all rights reserved. Neither the Site nor any Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without CyberU’s prior written permission. Any rights to the Site or Site Content not expressly granted by this Agreement are retained by CyberU.
CyberU grants you a limited, revocable, non-sublicenseable, non-transferable license to access, use, download, and print a copy of, any portion of the Site Content to which you have properly gained access, solely for your personal, non-commercial, educational use, and provided that you keep all copyright or other proprietary notices intact. Such license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any and all fees you pay via the Site to access a Course shall be deemed strictly subscription fees; no ownership rights are transferred by any such purchases or payments. Except where otherwise expressly stated, your access to each Course will expire twelve (12) months following your date of purchase.
In no event shall you:
Any use of the Site, Site Content, or Third Party Content other than as specifically authorized herein, without the prior written permission of CyberU, as the case may be, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Your rights to use Third Party Content are governed by the applicable Third Party license terms that are established by those Third Parties from time to time. By accessing or using Third Party Content, you agree to any such license terms applicable thereto.
You grant, and you represent and warrant that you have the right to grant, to CyberU an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute your Non-Course Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Non-Course Content, and to grant and authorize sublicenses of the foregoing. You may remove your Non-Course Content from the Site at any time, except for comments and reviews you post on the Site.
You understand that, by using CyberU, you may be exposed to Content that you consider to be offensive, indecent or objectionable. You acknowledge that CyberU does not pre-screen User Content or Third Party Content. You agree that you must evaluate, and bear all risks associated with, the use of any Third Party Content or Site Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You represent that you are over the age of 18, or, if not, you will only use the Service with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an account or otherwise use the Service.
"Cornerstone," "Cornerstone OnDemand," "CyberU," and other CyberU graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of CYBERU. Trademarks and trade dress used by third parties in association with the sale or license of their goods or services on the Site are the property of the respective owner.
Such trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the respective owner.
CyberU respects the intellectual property and other rights of others, and we ask you to do the same. You are prohibited from uploading, posting or otherwise transmitting on or through the Site any Content that violates another party's intellectual property and other rights. However, CyberU does not screen Content, and therefore is not responsible for the conduct of its users, and has no responsibility or liability for Content or for the loss or corruption thereof. Use of any Content is at your own risk, and the appearance of Content on the Site is not intended to act as an endorsement by CyberU thereof.
It is CyberU's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of CyberU and/or others. 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 the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to CyberU's Designated Copyright Agent. Upon receipt of Notice as described below, CyberU will take whatever action, in its sole discretion, it deems appropriate, including, without limitation, removal of the challenged content from the Site.
Deliver this Notice, with all items completed, to CyberU's Designated Copyright Agent:
1601 Cloverfield Blvd., Suite 620S
Santa Monica, CA 90404
Fees for Courses and any other applicable Content are available on the Site. Unless otherwise stated, all of our fees are quoted in US dollars. You are responsible for paying all fees associated with the use of the Site through your account, and for all applicable taxes. CyberU is not responsible for any transaction between you and any third parties offering Courses, and as a result we have no control over the quality, safety or legality of the items or services advertised, the truth or accuracy of any descriptions, or the ability of sellers to sell or buyers to pay. Except where otherwise expressly stated or agreed to in writing by CyberU, all transactions are non-cancelable, and no refunds will be issued. Subject to advance notice, if and as reasonably necessary, CyberU reserves the right to substitute substantially similar Courses for the actual Courses purchased.
You will be solely responsible for determining the prices CyberU charges for your Courses, except for any amounts required by law to be charged in connection with the sale thereof; provided, however, that CyberU may offer your Courses on a trial basis (not to exceed ninety (90) days) at no charge to prospective customers. As between the parties, CyberU will solely handle billing, collection, and all other fee matters with users.
Unless otherwise agreed in writing, CyberU will pay you fifty percent (50%) of the amount CyberU actually receives from registrations for your Courses, less any refunds paid, applicable sale or other taxes (e.g., VAT), and applicable fees for mobile application sales (e.g., from the Apple App Store, Google Play Store, Windows Store, etc.) ("Net Amount"). Payment will be made within forty-five (45) days of the end of the month in which CyberU received the applicable Net Amount. You are responsible for providing CyberU with all identifying and tax information necessary for the payment of amounts due.
CyberU may offer refunds to users pursuant to our Terms of Service. If not already included as part of a Net Amount calculation, you agree that CyberU may deduct such refunds from subsequent amounts owed to you.
In the event that any credit or debit card company or processor fails to honor any payment by a user for one or more of your Courses, CyberU shall not be responsible for remitting to you any amounts attributable to such user.
You will provide: (i) Course updates as they become available; and (ii) support to CyberU, its distributors, and users via email and/or telephone in the event that CyberU cannot resolve issues related to your Courses. You shall maintain the integrity of Courses, including without limitation, by ensuring Courses conform to CyberU standards, remains compatible with the Service, and is free of all malware, viruses, worms, and similar devices.
The marketing and availability of any of your or any other party’s Courses via the Service is subject to CyberU's approval, which CyberU may grant or deny in its sole discretion. At any time for any reason, CyberU may revoke approval of any Courses and/or cease to permit and/or limit their distribution via the Service.
Neither party shall publicly disseminate any statement using the name of the other party as a customer or provider without the other party’s consent (not to be unreasonably withheld or delayed). Notwithstanding the foregoing, if you post any Courses, CyberU may use your name and logo, and mention your Courses, in sales and marketing materials relating to the Software.
CyberU may access and test your course(s) for quality assurance and/or beta testing. You will not be entitled to compensation if your course is used in this manner.
CyberU may offer your course(s) to prospective enterprise CyberU customers during a free trial, for up to ninety (90) days.
You acknowledge and agree that learners have the right to seek refunds as set forth in this Agreement. If you receive any such payment, fee or commission for which a refund payment was issued to the learner, CyberU reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to you, or (2) require that you pay to CyberU any amounts refunded to learner for your Course(s) to the extent no additional payments are due from CyberU to you or such payments due to you are insufficient to cover the amount of the refund.
Technical, customer, and sales support for the Site, if any, is only provided via email or other online means and is not provided in person or via phone. You may contact support at:firstname.lastname@example.org.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, and without limitation of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data from the country, jurisdiction, state and locality in which you reside to and from the United States.
We may provide, or third parties may provide, links to other World Wide Web sites or resources. Because CyberU has no control over such sites and resources, you acknowledge and agree that CyberU is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CyberU shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to defend, indemnify and hold harmless CyberU and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers, shareholders, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your Content; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; and (vii) any dispute you have with one or more of our users or any third party providing goods and services through the Site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CYBERU, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE AND NON-INFRINGEMENT, OR OF AVAILABILITY OR RESULTS. WITHOUT LIMITATION OF THE FOREGOING, CYBERU DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY SERVICE ERRORS WILL BE CORRECTED. CYBERU IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT OTHER THAN SITE CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, AND DAMAGES THAT ARISE FROM OR RELATE TO SUCH MATERIAL. CYBERU ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. CYBERU IS NOT RESPONSIBLE FOR ANY TECHNICAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER OR MOBILE PHONE EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO A USER'S OR TO ANY OTHER PERSON'S COMPUTER, MOBILE PHONE, OR OTHER HARDWARE OR SOFTWARE, RELATED TO OR RESULTING FROM USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE.
B. UNDER NO CIRCUMSTANCES WILL CYBERU BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON OR THROUGH THE SITE, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. YOU POST CONTENT ON CYBERU AT YOUR OWN RISK.
C. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
E. CYBERU RESERVES THE RIGHT TO CHANGE ANY AND ALL SITE CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN OR ON CYBERU AND ANY SERVICES OFFERED THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
F. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY CYBERU.
IN NO EVENT SHALL CYBERU, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS BE LIABLE TO YOU FOR ANY LOST PROFITS, LOS REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM AND/OR RELATING TO THIS AGREEMENT AND/OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY. CYBERU'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE: (i) AMOUNT PAID, IF ANY, BY YOU TO CYBERU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM(S) FIRST AROSE; (ii) AMOUNT OWED BY CYBERU TO YOU FOR YOUR OWN COURSES URING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CLAIM(S) FIRST AROSE; OR (ii) SUM OF FIVE HUNDRED DOLLARS ($500). THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT EXPAND SUCH LIMIT. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CYBERU FOR CYBERU, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CYBERU, REGARDLESS OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT CYBERU SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by CyberU from the United States of America. CyberU makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so on their own volition and are responsible for compliance with local law.
You acknowledge that CyberU may establish general practices and additional limits concerning use of the Service. Notices to you may be made via email or website posting. At its discretion, CyberU may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Site. Your agreement to these Terms of Service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner.
Independent Contractors. You and CyberU are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Entire Agreement. This Agreement, including the https://www.cyberu.com/privacy-policy, constitutes the entire agreement between you and CyberU and governs your use of CyberU, superseding any prior agreements between you and CyberU (including, but not limited to, any prior versions of the Agreement) concerning the Service. You also may be subject to additional terms and conditions that applicable when you use other CyberU services or register for, take, or purchase Courses.
Choice of Law and Forum. You and CyberU each agree that this Agreement and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Agreement, or the relationship between you and CyberU, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Central District of California. You and CyberU agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the Central District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of CyberU to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement or incorporated documents is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Titles. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Force Majeure. CyberU shall not be responsible to you as a result of any delay or default in carrying out its obligations hereunder which is due in whole or in part to an event beyond of the control of CYBERU.
Please report any violations of the Agreement to email@example.com.
Copyright 2016 CyberU, Inc. All rights reserved.