Last Updated: January 30, 2016
Welcome, and thank you for your interest in Cloud Services University. Intelisys Communications, Inc. (“Cloud Services University”, “Intelisys”, “We” or “Us”), which operates the web site located at http://cloudservicesunivirsity.com, mobile applications and online services (the “Website”). The following Terms of Service are a legal contract between you (“You”) and Cloud Services University regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE CLOUD UNIVERSITY PRIVACY NOTICE AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”).
1. Eligibility; Accounts. THE WEBSITE IS NOT AVAILABLE TO (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY CLOUD SERVICES UNIVERSITY OR (B) ANY PERSONS UNDER THE AGE OF 13. By clicking the “I Agree” button or by otherwise using or registering an account for the Website, You represent (a) that You have not been previously suspended or removed from the Website by Cloud Services University; (b) that You are at least 13 years of age; and (c) that your registration and your use of the Website is in compliance with any and all applicable laws and regulations.
1.1 Account. In order to use most features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Cloud Services University, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), then You agree to immediately notify Cloud Services University at email@example.com. You may be liable for the losses incurred by Cloud Services University or others due to any unauthorized use of your Website account.
Privacy Notice. Your privacy is important to Cloud Services University. Please read the Cloud Services University Privacy Notice, hereby incorporated into the Terms, carefully for information relating to Cloud Services University’s collection, use, and disclosure of Your personal information.
Other guidelines. When using the Website, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms.
Modification of the Terms. Cloud Services University reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time, including the right to charge for access to the Website and License Content (defined below). Please check the Terms and any Guidelines periodically for changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Cloud Services University will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of (i) your actual notice of such changes and (ii) thirty days after Cloud Services University makes reasonable attempt to provide you such notice. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
5. User Content License Grant; Representations and Warranties.
5.1 User Content. Cloud Services University may permit (a) the posting and/or publishing by You and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Content”). You understand that whether or not such User Content is published, Cloud Services University does not guarantee any confidentiality with respect to any submissions.
5.2 License Grant to Cloud Services University. By posting, submitting or distributing User Content on or through the Website, You hereby grant to Cloud Services University a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, sell, offer for sale, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
5.3 License Grant to Users. By posting, submitting or distributing User Postings through the Website, You hereby grant to each User of the Website a non-exclusive license to access and use your User Postings in any manner permitted or made available by Cloud Services University on or through the Website.
5.4 User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting, creating, or publishing them. You represent and warrant that: (1) You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Cloud Services University and Cloud Services University’s Users to use and distribute your User Content as necessary to exercise the licenses granted by You in these Terms and in the manner contemplated by Cloud Services University and these Terms; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
5.5 Access to Your User Content. Cloud Services University may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Website users) to view. You acknowledge and agree that, although Cloud Services University may provide certain features intended to allow you to restrict some User Content you create from others, Cloud Services University does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, Cloud Services University will use reasonable efforts to notify you pursuant to Section 14.1 below. CLOUD SERVICES UNIVERSITY HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
5.6 User Content Disclaimer. You understand that when using the Website You will be exposed to User Content from a variety of sources, and that Cloud Services University is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Cloud Services University with respect thereto. Cloud Services University does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Cloud Services University expressly disclaims any and all liability in connection with User Content.
6. Digital Millennium Copyright Act. It is Cloud Services University’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Cloud Services University will promptly terminate without notice your access to the Website if You are determined by Cloud Services University to be a “repeat infringer.” A repeat infringer is a User who has been notified by Cloud Services University of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Website more than twice.
7. Proprietary Materials; Licenses
7.1 Proprietary Materials. The Website is owned and operated by Cloud Services University. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website (the “Website Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 7, all Website Materials, and all trademarks, service marks, and trade names, contained on or available through the Website are owned by or licensed to Cloud Services University or by its Suppliers, and Cloud Services University and its Suppliers reserve all rights therein and thereto not expressly granted by these Terms.
7.2 Licensed Content. Cloud Services University may make available on the Website certain educational videos, exercises, and related supplementary materials that are owned by Cloud Services University, its Suppliers or its third-party licensors (the “Licensed Content”). Cloud Services University grants to you a non-exclusive, non-transferable right to access and use the Licensed Content as made available on the Website by Cloud Services University solely for your personal, non-commercial purposes. Unless expressly indicated on the Website that a particular item of Licensed Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Content to any third party.
7.3 Non-Commercial Use. The Licensed Content is intended for personal, non-commercial use only. Without limiting the foregoing, the Licensed Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by Cloud Services University.
8. Prohibited Conduct.
YOU AGREE NOT TO: (i) use the Website for any commercial use or purpose unless expressly permitted by Cloud Services University in writing, it being understood that the Website and related services are intended for personal, non-commercial use only; (ii) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Website Materials; (iii) post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content; (iv) post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate; (v) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity; (vi) delete the copyright or other proprietary rights notices on the Website or on any Licensed Content or User Content; (vii) assert, or authorize, assist, or encourage any third party to assert, against Cloud Services University or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Content or User Content You have used, submitted, or otherwise made available on or through the Website; (viii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Website; (ix) use the Website for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy; (x) defame, harass, abuse, threaten or defraud Users of the Website, or collect, or attempt to collect, personal information about Users or third parties without their consent; (xi) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Website, Licensed Content or User Content, features that prevent or restrict use or copying of any content accessible through the Website, or features that enforce limitations on the use of the Website, Licensed Content or User Content; (xii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (xiii) modify, adapt, translate or create derivative works based upon the Website or any part thereof, except and only to the foregoing restriction is expressly prohibited by applicable law; or (ix) intentionally interfere with or damage operation of the Website or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code.
9. Third-Party Sites, Products and Services; Links. The Website may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Cloud Services University does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
10.1 Termination by Cloud Services University. Cloud Services University, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Cloud Services University or your use of the Website and remove and discard all or any part of your account, User profile, and User Content, at any time. Cloud Services University may also in its sole discretion and at any time discontinue providing access to the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website or any account You may have, or portion thereof, may be affected without prior notice, and You agree that Cloud Services University will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Cloud Services University may have at law or in equity. As discussed herein, Cloud Services University does not permit copyright, trademarks, or other intellectual property infringing activities on the Website, and will terminate access to the Website, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
10.2 Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Website, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Cloud Services University in operating the Website, or (v) any content or information transmitted through the Website, is to terminate the Terms and your account. You may terminate the Terms at any time by deleting your login account with the Website and discontinuing use of any and all parts of the Website.
11. Indemnification. You agree to indemnify, defend, and hold harmless Cloud Services University, its affiliated companies, contractors, employees, agents and its third-party Suppliers, licensors, and partners (“Cloud Services University Indemnitees”) from any claims, losses, damages, liabilities and expenses (including legal fees and expenses), arising out of any use or misuse of the Website, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any User associated with. Cloud Services University reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Cloud Services University, and You agree to cooperate with Cloud Services University’s defense of these claims. Cloud Services University will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
12. Disclaimers; No Warranties
12.1 No Warranties. THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLOUD SERVICES UNIVERSITY, AND ITS AFFILIATES, SUPPLIERS AND LICENSORS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLOUD SERVICES UNIVERSITY OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
12.2 Content. CLOUD SERVICES UNIVERSITY, AND ITS SUPPLIERS, LICENSORS, AND AFFILIATES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
12.3 Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
12.4 Limitations by Applicable Law. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
13. Limitation of Liability and Damages.
13.1 Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CLOUD SERVICES UNIVERSITY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH CLOUD SERVICES UNIVERSITY, EVEN IF CLOUD SERVICES UNIVERSITY OR A CLOUD SERVICES UNIVERSITY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CLOUD SERVICES UNIVERSITY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
13.2 Limitation of Damages. IN NO EVENT WILL CLOUD SERVICES UNIVERSITY’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
13.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT CLOUD SERVICES UNIVERSITY HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CLOUD SERVICES UNIVERSITY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CLOUD SERVICES UNIVERSITY. CLOUD SERVICES UNIVERSITY WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14.1 Notice. Cloud Services University may provide You with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Website, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless Cloud Services University is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Website. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Website is deemed given 30 days following the initial posting.
14.2 Waiver. The failure of Cloud Services University to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Cloud Services University.
14.3 Dispute Resolution and Arbitration.
(i) Governing Law. The Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
(ii) Arbitration. For any claim related to the Terms or the Website, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Cloud Services University or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance-based arbitration. A party electing arbitration will initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(iii) Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or Cloud Services University will be filed only in the state or federal courts in and for San Francisco County, California, and each of You and Cloud Services University hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section 14.3(b) regarding arbitration. Notwithstanding this, Cloud Services University will still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
(iv) Improperly Filed Claims. All claims you bring against Cloud Services University must be resolved in accordance with this Section 14.3. All claims filed or brought contrary to this Section 14.3 will be considered improperly filed. Should either party file a claim contrary to this Section 14.3, the other party may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
(v) Claims. YOU AND CLOUD SERVICES UNIVERSITY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
14.4 Severability. If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
14.5 Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You without Cloud Services University’s prior written consent, but may be assigned by Cloud Services University without consent or any restriction. Any assignment attempted to be made in violation of the Terms will be null and void.
14.6 Survival. Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 4 through 6, 7.1 and 8 through 14.
14.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
14.8 Entire Agreement. The Terms, the Privacy Notice and Guidelines constitute the entire agreement between You and Cloud Services University relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Notice or Guidelines made by Cloud Services University as set forth in Section 4 above.
14.9 Disclosures. The Website is hosted in the United States, and the services provided hereunder are offered by Intelisys Communications, Inc.: 1318 Redwood Way, Suite 120, Petaluma, CA 94954; firstname.lastname@example.org.