Effective date: 11 January 2019
3. SITE ACCESS AND ACCOUNT REGISTRATION
With regard to your username, password, any other piece of information you provide to us as part of our security procedures (collectively, “Account Information”), you agree to treat such Account Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account Information is personal to you, and you agree not to provide any other person with access to the Site using your Account Information. You agree to notify us immediately (firstname.lastname@example.org) of any unauthorized access to or use of your Account Information or any other breach of security that you become aware of. 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 Account Information or other personal information.
Except as provided herein, you may not transfer your Account Information to any other person and you may not use anyone else’s Account Information or account at any time. In cases where you have nevertheless authorized or registered another person to use your account or Plan, or where you have acted negligently in safeguarding your Account Information as set forth above, you agree you are fully responsible for (i) the acts and omissions of such person accessing the Site with your Account Information, (ii) controlling the person’s access to and use of the Site, and (iii) the consequences of any use or misuse by such person.
4. ENGINEERINGTRAINER PURCHASES AND SUBSCRIPTION PLANS
(b) Payment Method.
(i) You may edit your Payment Method information by visiting our website and clicking on the “My Account” link, available at the top of the pages of the EngineeringTrainer website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the applicable License Fee to the updated Payment Method. Check with your Payment Method service provider for more details.
(ii) When you select or purchase a product or plan, begin a Free Trial, or otherwise provide or add any form of Payment Method to Checkout or your account, your bank may reserve the funds necessary or place a small authorization hold until the transaction processes or the authorization hold expires, but this is not the actual charge. The authorization will be removed from your account according to the policies of your bank; and as such, to remove an authorization, please contact your bank to clarify how long they hold authorizations for online orders.
(iii) Depending on where you transact with us, the type of Payment Method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other EngineeringTrainer-provided geographic-specific pricing. We do not support all payment methods, currencies, or locations for payment. If your payment method fails, or if your account is past due, we may collect fees owed using other collection mechanisms—this may include charging other payment methods on file with us or retaining collection agencies and legal counsel, the fees and cost of which you hereby agree to pay. Notwithstanding anything to the contrary, your obligation to pay fees continues through the end of your applicable subscription term and regardless of whether you cancel your Plan during such term.
5. PROPRIETARY MATERIALS
(c) EngineeringTrainer Copyright and Marks. The entire Site is © EngineeringTrainer. All Rights Reserved. Complying with all applicable copyright laws is your responsibility. “EngineeringTrainer” and other EngineeringTrainer marks and logos are service marks and trademarks of EngineeringTrainer.
(e) Third-Party Marks. Other trademarks, service marks, and logos used throughout the Site are the trademarks, service marks, or logos of their respective owners.
(f) Violation of Copyright or Intellectual Property Laws. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Site that we believe (or are notified) may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us promptly by emailing to email@example.com.
6. MOBILE AND OTHER DEVICES
If you use a mobile device or EngineeringTrainer-provided mobile application to access the Site, the following additional terms and conditions (“Mobile Terms”) also apply:
(a) You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
(b) You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
7. USER CONTENT AND FEEDBACK
(a) Interactive Features. The Site from time to time may provide you with the ability to upload, post, submit, publish, or transmit to other users or persons (hereinafter, “post”) via online forums, chat capabilities, user discussion groups, blogs, online profiles, or other online forums (“Interactive Features”).
(b) User Content. The Interactive Features are intended to provide you and other users with valuable resources on selected topics. Some, if not most, of the content found on such Interactive Features is provided by third-party users, and not us (such content, “User Content”). The third-party user (including you, if applicable) is solely responsible for the User Content and for complying with applicable laws relating thereto.
(i) All User Content you submit to the Interactive Features (including for inclusion on the Site) or that
is otherwise made available to EngineeringTrainer will be considered non-confidential and non-proprietary, and by so doing, you hereby grant us and our affiliates and service providers, and each other and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
(ii) To the extent that you provide any User Content, you represent and warrant that (a) you have all
necessary rights, licenses and/or clearances to provide such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and EngineeringTrainer, you are responsible for the payment of third-party fees, if any, related to the provision and use of such User Content, (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices, and (e) you agree to comply with all applicable rules regarding online conduct and acceptable content we may post on the Site or Interactive Features from time to time, including those set forth in Section 8 below.
(c) Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site (“Feedback”). You acknowledge and agree that any and all Feedback provided by way of the Site or otherwise will be the sole and exclusive property of EngineeringTrainer, and you hereby irrevocably assign to EngineeringTrainer and agree to irrevocably assign to EngineeringTrainer all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist EngineeringTrainer to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
(d) Monitoring and Enforcement. We have the right to:
(i) remove or refuse to post any User Content or Feedback for any or no reason in our sole discretion;
(iii) disclose your identity or other information about you to any third-party who claims that material
posted by you violates their rights, including their intellectual property rights or their right to
(iv) take appropriate legal action, including without limitation referral to law enforcement for any
illegal or unauthorized use of the Site; and
And Without limiting the foregoing, we have the right 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 User Content, Feedback, or materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding anything to the contrary, we have no obligation to review any User Content, Feedback, or materials before they are posted on the Site, and we 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, and we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
8. ENGINEERINGTRAINER “DOs” and “DON’Ts”
You acknowledge and agree that the Site contains content and materials that are viewable through online streaming methods and they are not to be downloaded by you (or your Business Users). In addition, you agree to adhere and abide to the following Dos and DON’Ts.
(a) DOs (User Obligations). You acknowledge and agree that you (and your Business Users) will:
- Comply with all applicable federal, state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy and personal identity, or the export of data or software to and from the U.S. or other countries);
- Provide true and accurate information to us and keep it updated;
- Use the Interactive Features in a respectful manner; and
- Exit from your account at the end of each session or use of the Site.
(b) DON’Ts (Prohibited Conduct). You acknowledge and agree that you (and your Business Users), will not:
- Reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Site other than with regard to Authorized Downloadable Materials, subject to the limited permissions set forth herein;
- Manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Site, other than permitted use of Authorized Downloadable Materials.
- Permit or provide others access to the Site using your Account Information or otherwise, or the Account Information of another authorized user;
- Impersonate or attempt to impersonate EngineeringTrainer, an EngineeringTrainer employee, partner, another user, or any other person or entity (including without limitation by using e-mail addresses or Account Information associated with any of the foregoing) or provide incorrect or knowingly false information;
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Site;
- Violate or attempt to violate the Site’s security mechanisms, attempt to gain unauthorized access to the Site or assist others to do so, or otherwise breach the security of the Site or corrupt the Site in any way;
- Co-brand or frame the Site or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of an authorized representative of EngineeringTrainer;
- Use any portion of the Site to aid in transmitting, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;
- Post to the Interactive Features or any other portion of the Site any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content;
- Use the Site or its contents (including User Content) to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not affiliated with us without the prior express written permission of an authorized representative of EngineeringTrainer;
- Use or attempt to use the Site to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
- Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability; and/or
- Use the Site in any manner that could disable, overburden, damage, or impair the Site, interfere with any other party’s use of the Site (including their ability to engage in real time activities through the Site), or otherwise attempt to interfere with the proper working of the Site.
(d) Geographic Pricing and Restrictions. No Site content or materials may be downloaded or exported (i) into (or to a resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country subject to an applicable embargo or other trade restriction by any government regulatory agency having jurisdiction, or (ii) by or to any person or entity on the United States Treasury Department’s list of Specially Designated Nationals (SDN) or the United States Commerce Department’s Consolidated Screening List (CSL). By accessing or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Site may be accessible worldwide accessing them from territories where its contents or materials are illegal, is prohibited. Those who choose to access the Site from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
9. SPECIFIC RULES FOR CONTENT PARTNERS
EngineeringTrainer collaborates with partners (referred to as “Partner”, “Content Partner” or “Teacher”) to provide courses to end-users through the Site. When you publish a course, webinar, video lesson or any other content type (collectively “Course”) on the Site, you agree to the following rules:
(a) You will honor any enrollments through the Site at the price and time listed in the Site, and not to refuse enrollments or participation by any student for any discriminatory or other illegal reason.
(b) Any content you submit to the Site will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material.
(c) You represent and warrant to EngineeringTrainer that you are qualified to teach the Courses that you list with the Site and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
(d) Content Partners receive a Course Admin account that allows them to setup and access Courses and follow their student progress and performance.
(e) EngineeringTrainer does not claim ownership of Course content provided by our Content Partners unless agreed upon otherwise. At all times Content Partners may choose to remove content from their Courses and will continue to own such content.
(f) You understand that, if you teach a Course, your students will have the ability to post a review of this Course. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
(g) You hereby grant EngineeringTrainer a non-exclusive right and license to distribute, publicly perform, offer, market and otherwise use and exploit the Courses through the Site, and present it to members for these purposes directly or through third-parties.
(h) EngineeringTrainer reserves the right to, but is under no obligation, to delete the listing of any Course from the Site at any time and for any reason.
10. REPRESENTATION, WARRANTIES, AND COVENANTS
(a) Your Representations and Warranties. You represent and warrant that:
(ii) You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Site, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
(b) Authority. You and EngineeringTrainer each represent, warrant, and covenant that it has the full power and authority to:
(iii) and that by so doing, it does not violate any applicable laws or any contractual relationship.
(d) Reliance and Functionality. EngineeringTrainer does not warrant that the content or functions of the Site will meet your requirements or that the operation of the Site will be uninterrupted or error free. The content and materials presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on such materials by you, your Business Users, or any other visitor to the Site, or by anyone who may be informed of any of its contents. The Site (including without limitation our blogs and Interactive Features) may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by EngineeringTrainer, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EngineeringTrainer. We are not responsible or liable to you or any third-party, for the content or accuracy of any materials provided by any third parties.
(e) Availability of Site. You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Site, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Site may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Site, or any other delays outside of our control.
(f) Third-party services, links, SSO, OAuth, etc. If any portion of the Site contains services (e.g., discussion forums), links, resources, or materials provided by third parties, including without limitation URL links, discussion forum engines, single-sign on services (SSO), OAuth resources (e.g., Facebook, GitHub, LinkedIn, etc.), or capabilities to share to social media websites, these are provided for your convenience only. This may include links contained on courses or in advertisements, including banner advertisements and sponsored links on the Site. We have no control over the contents, software, or privacy practices of these third-party services, links, resources, or materials, and accept no responsibility for them or for any loss or damage that may arise from your use of them—if you access or use them, you do so entirely at your own risk.
11. TERMINATION; PLAN CANCELLATION POLICY
(c) Business Plan Termination.
(d) You acknowledge and agree that EngineeringTrainer may retain and store your information on EngineeringTrainer’s systems for archival purposes notwithstanding any termination or cancellation of your account or Purchase.
12. TEACHING OR PARTICIPATING ON THE SITE
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE ENGINEERINGTRAINER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “ENGINEERINGTRAINER PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SITE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your teaching or participation in a Course is at your sole risk. EngineeringTrainer does not supervise Courses and is not involved in any way with the actions of any individuals (whether students or Teacher). As a result, we have no control over the identity or actions of the individuals who are present at these Courses, and we request that our users exercise caution and good judgment when participating in Courses. You acknowledge and agree that by participating in any Course (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with making the Course available on the Site and participation in any Course.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE ENGINEERINGTRAINER AND EACH OF THE OTHER ENGINEERINGTRAINER PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
When a student enrolls in a Course on the Site, we will share the student’s information with the teacher. By enrolling in a Course on the Site, a student grants to us permission to share that student’s information with the teacher. The teacher is required to respect the privacy of the student. The teacher has a limited license to use this information only for EngineeringTrainer-related communications or for EngineeringTrainer-facilitated transactions.
13. CONTENT PARTNER PAYMENTS
(a) Content Partners may earn revenue by publishing Courses or offering additional services through the Site. To qualify for payments each month, members must have watched a minimum of 30 total minutes across all of your Courses that month.
(b) EngineeringTrainer pays Content Partners on the 25th of each month. Payouts sent on the 25th of each month are for monthly revenue related to the previous calendar month.
(c) EngineeringTrainer distributes at least 60% of its monthly recurring revenue from Memberships to Content Partners. The algorithm used to determine your monthly share is based primarily on your share in the total usage of content on the platform. The specifics of the distribution calculation can be subject to change from time to time.
(d) Teachers and students agree that EngineeringTrainer’s sole responsibility is to process payments and pay out teachers in the proportions set forth above. EngineeringTrainer is not party to any transaction between any student and/or teacher and cannot be held responsible for any issues arising from any such transaction.
(e) Content Partners are responsible for all income, sales, and other taxes associated with the payments they earn through the Site.
(f) EngineeringTrainer reserves the right to withhold or cancel payments to Content Partners if it deems, in its sole judgement and absolute discretion, that the Content Partner engaged in behavior that violated any part of this Agreement.
(b) Indemnification Procedure. You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.
15. NO WARRANTY; LIMITATIONS ON LIABILITY
(a) No Warranty. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER ENGINEERINGTRAINER NOR ANY PERSON OR ENTITY ASSOCIATED WITH ENGINEERINGTRAINER MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER ENGINEERINGTRAINER NOR ANY PERSON OR ENTITY ASSOCIATED WITH ENGINEERINGTRAINER PROMISES, REPRESENTS OR WARRANTS THAT THE SITE OR CONTENT OBTAINED THROUGH THE SITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ENGINEERINGTRAINER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. CHANGES TO TERMS OR THE SITE
(b) Changes to the Site. EngineeringTrainer may at any time, without notice or liability, change or eliminate any content or feature of the Site or any portion thereof, or restrict the use of any portion of the Site. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any reason.