Depending on your region, EnGenius Academy (also referred to herein as the “Website”) is offered to you by one of the following entities (“EnGenius”), each of which has set forth Terms of Use for its website and electronic resources. Your access and use of EnGenius Academy is subject to both these EnGenius Academy Terms of Use and the applicable Terms of Use listed below (collectively “Terms of Use”) as well as our
Privacy Policy. To the extent there is a conflict between this EnGenius Academy Terms of Use and the general Terms of Use, the EnGenius Academy Terms of Use shall govern except where otherwise required by law.
By accessing and using EnGenius Academy,
you accept the Terms of Use without limitation or qualification.
Accessing EnGenius Academy and Account
Security
We reserve the right to withdraw or make
changes to EnGenius Academy, and any service or material we provide in
connection with EnGenius Academy, in our sole discretion without notice. We
will not be liable if for any reason all or any part of EnGenius Academy is
unavailable at any time or for any period, even if it causes you to be unable
to complete a course offered through EnGenius Academy. From time to time, we
may restrict access to some parts of EnGenius Academy, or in its entirety, to
users, including registered users.
To access EnGenius Academy or some of the
resources it offers, you may be asked to provide certain registration details
or other information. It is a condition of your use of EnGenius Academy that
all the information you provide is correct, current, and complete. You agree
that all information you provide to register with EnGenius Academy or
otherwise, including, but not limited to, through the use of any of its interactive
features, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all
actions we take with respect to your information consistent with our Privacy
Policy.
If you choose, or are
provided with, a user name, password, or any other piece of information as part
of our security procedures, you must treat such information as confidential,
and you must not disclose it to any other person or entity. You also
acknowledge that your account is personal to you and agree not to provide any
other person with access to EnGenius Academy using your user name, password, or
other security information. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security.
You also agree to ensure
that you exit from your account at the end of each session. You should use
particular caution when accessing your account from a public or shared computer
so that others are not able to view or record your password or other personal
information.
We have the right to disable any user
name, password, or other identifier, whether chosen by you or provided by us,
at any time in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms of Use.
The Website and its entire contents,
features, and functionality (including but not limited to all information,
software, text, displays, images, video, and audio, and the design, selection,
and arrangement thereof) are owned by EnGenius, its licensors, or other
providers of such material and are protected by copyright, trademark, patent,
trade secret, and other intellectual property or proprietary rights laws.
You may access EnGenius Academy solely
for the purposes of educating yourself about EnGenius’s technology, products,
and services.
You may not copy, distribute, modify,
create derivative works of, publicly display, publicly perform, republish,
download, store, or transmit any of the material on our Website.
Any use of EnGenius Academy not expressly
permitted by these Terms of Use is a breach of these Terms of Use and may
violate copyright, trademark, and other laws.
We may update the content on this Website
from time to time, but its content is not necessarily complete or up-to-date.
Any of the material on the Website may be out of date at any given time, and we
are under no obligation to update such material.
Information About You and Your Visits
to the Website
All information we collect on this
Website is subject to our
Privacy Policy. By using the Website, you
consent to all actions taken by us with respect to your information in
compliance with the Privacy Policy.
If the Website contains links to other
sites and resources provided by third parties, these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over
the contents of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of them. If you decide
to access any of the third-party websites linked to this Website, you do so
entirely at your own risk and subject to the terms and conditions of use for such
websites.
You understand that we cannot and do not
guarantee or warrant that files available for downloading from the Website will
be free of viruses or other destructive code. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for anti-virus protection and accuracy of data input and output,
and for maintaining a means external to our site for any reconstruction of any
lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR
OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,
COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ENGENIUS
ACADEMY OR ANY SERVICES OR ITEMS OBTAINED THROUGH ENGENIUS ACADEMY OR TO YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF ENGENIUS ACADEMY, ITS CONTENTS,
AND ANY SERVICES OR ITEMS OBTAINED THROUGH ENGENIUS ACADEMY IS AT YOUR OWN
RISK. ENGENIUS ACADEMY, ITS CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH ENGENIUS ACADEMY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ENGENIUS
NOR ANY PERSON ASSOCIATED WITH ENGENIUS MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF ENGENIUS ACADEMY OR ANY OF ITS CONTENTS. WITHOUT LIMITING THE
FOREGOING, NEITHER ENGENIUS NOR ANYONE ASSOCIATED WITH ENGENIUS REPRESENTS OR
WARRANTS THAT ENGENIUS ACADEMY, ITS CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH ENGENIUS ACADEMY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ENGENIUS
ACADEMY OR ANY SERVICES OR ITEMS OBTAINED THROUGH ENGENIUS ACADEMY WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ENGENIUS
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN
NO EVENT WILL ENGENIUS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR
INABILITY TO USE, ENGENIUS ACADEMY, ANY WEBSITES LINKED TO IT, ANY CONTENT ON ENGENIUS
ACADEMY OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO,
PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF
GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE),
BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY
LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
At EnGenius’s sole discretion, it may
require you to submit any disputes arising from these Terms of Use or use of EnGenius
Academy, including disputes arising from or concerning their interpretation,
violation, invalidity, non-performance, or termination, to final and binding
arbitration.
No waiver by EnGenius of any term or
condition set out in these Terms of Use shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition,
and any failure of EnGenius to assert a right or provision under these Terms of
Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is
held by a court or other tribunal of competent jurisdiction to be invalid,
illegal, or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of the Terms
of Use will continue in full force and effect.
It is our policy to post any changes we
make to our Terms of Use on this page. If we make material changes to our Terms
of Use, we will notify you. The date the Terms of Use were last revised is
identified at the top of the page. You are responsible for ensuring we have an
up-to-date active and deliverable email address for you, and for periodically
visiting our Website and this page to check for any changes.
