When enrolling in a Boundless Spatial, Inc. (“Boundless”) online training courses (each a “Course” and in total the “Training Program”), the participant (“You” or “you”) agree to the following Terms of Service (the “Terms”).
b) To register for a Training Program you must be over sixteen (16) years of age.
c) You must ensure that the details provided by you during registration or at any time thereafter are correct and complete.
d) You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify Boundless immediately.
e) Boundless may require you to change your password or suspend your account if we have reason to believe that there has been or is likely to be a breach of security or misuse of the website.
The Training Program will be made available to you once your payment has been authorized and accepted. There will be no contract of any kind between you and Boundless unless and until you make an authorized payment for the Training Program. At any point up until then we may decline to supply the Training Program to you without giving any reason.
a) Refunds or credits are not available once you have logged on to the Training Program.
b) Your access to the Training Program may be terminated by written notice if you are in material breach of these Terms and the breach is not remedied within the period of seven (7) days after written notice of the breach has been given to you. If we reasonably believe your breach of these Terms affects our lawful operation of the Training Program or materially impacts third party customers we may suspend your access to the Training Program at any time.
Using the Training Program
a) Please read the description for the Training Program carefully before placing your order as refunds cannot be given.
b) You agree to use the Training Program only for lawful purposes.
c) All Training Programs are available for non-commercial use only. You may not re-sell or make available to any third party the Training Programs without the prior written consent of Boundless.
d) Boundless warrants that it has the right to provide the Training Program and will use all reasonable skill and care in making the Training Program available to you.
e) Boundless reserves the right, at its discretion, to make changes to any part of any Training Program provided that it does not materially reduce its content or functionality.
Access to the Training Program
a) Although Boundless aims to offer you the best service possible, Boundless makes no promise that Training Program will meet your requirements. Boundless cannot guarantee that the Training Program will be timely, error-free or fault-free. If an error or fault occurs with the Training Program you should report it to Boundless and we will attempt to correct the error or fault as soon as we reasonably can. Because of the nature of the internet, errors and omissions do occur and Boundless does not give any other warranties in respect of the Training Program.
b) Your access to the Training Program may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Boundless will attempt to restore your access to the Training Program as soon as we reasonably can.
c) In the event that you are unable to access a Training Program due to technical problems, and Boundless and/or its third party vendor are solely at fault, Boundless shall provide you an opportunity to take the Training Program at a future date. This is your sole recourse in the event of technical problems restricting your access to a Training Program
d) You will need to have the following hardware and software capabilities to run the required virtualization software and to access the data: Linux, OSX or Windows computer capable of running Virtual Box, VMWare or other virtualization software capable of supporting virtual machines in the OVF (Open Virtualization Format) standard; at least 1GB of free RAM and 10GB of free disk space.
e) You must not transmit any worms, viruses or destructive code.
If you choose to receive certification regarding a particular Course you will be required to take an on- line examination. If you do not pass the examination, you will need to sign up for another class in order to take the examination again. If you pass the examination, you will be issued a certificate in electronic format. Each certificate will have a unique identification number (assigned to that individual). You may not assign the certificate to another party. The certificate will be valid for three (3) years. You are responsible for maintaining a reliable internet connection while taking the examination; Boundless will not be responsible for a failed internet connection during an examination.
a) Notwithstanding anything to the contrary, Boundless retains ownership of all copyright and other intellectual property rights in the Training Program.
b) Without Boundless’ prior written consent you shall not: (i) copy any of Boundless’ copyrighted material; (ii) use any recording equipment (including, but not limited to, audio recorders, video recorders, and cameras) during a Course; or (iii) use Boundless’ trademarks, trade names, or other designations in any promotion or publication. The Training Program or any Course included therein may not be distributed to third parties.
c) You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use the content in the Training Program in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any content in the Training Program except for your own personal, non-commercial use. Any other use of the content in the Training Program requires the prior written permission of Boundless.
d) The names, images and logos identifying Boundless and third parties and their products and services may be subject to copyright, design rights and trademarks of Boundless and/or third parties. Nothing contained in these Terms of Service shall be construed as conferring any license or right to use any trade mark, design right or copyright of Boundless or any other third party.
Third Party Service Providers
The Training Program is being offered through third party service providers. As a result,
a) Boundless reserves the right an any time, and from time to time, and without liability to you or any third party to (i) modify or discontinue, temporarily or permanently, any or all Training Programs with or without notice and (ii) change the price for any Training Program upon 30 days’ notice.
b) Boundless makes to representations or warranties with respect to technical support.
c) Data may be transferred unencrypted over various networks.
Boundless reserves the right to make change to these Terms of Service from time to time and so you should check these Terms of Service regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms of Service. If you do not agree to the changes, you should cease using the Training Program.
a) We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms of Service.
b) The suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.
Warranty; Limitation of Liability
a) ALL CONTENT AND COURSES PROVIDED ON OR THROUGH THE TRAINING PROGRAM, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO BOUNDLESS, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, BOUNDLESS EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BOUNDLESS DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE TRAINING PROGRAM OR ANY OF ITS COURSES OR CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY BOUNDLESS IS CORRECT AT THE TIME OF PUBLICATION NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF BOUNDLESS FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT IN THE TRAINING PROGRAM.
b) IF YOU SHOULD BECOME ENTITLED TO CLAIM DAMAGES FROM BOUNDLESS (INCLUDING FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, MISREPRESENTATION AND OTHER CONTRACT OR TORT CLAIMS) BOUNDLESS WILL LIABLE ONLY FOR THE AMOUNT OF YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (IN THE AGGREGATE FOR ALL CLAIMS) THE FEES PAID TO BOUNDLESS FOR THE SPECIFIC COURSE GIVING RISE TO SUCH LIABILITY THAT ARE THE SUBJECT OF THE CLAIM. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WILL BOUNDLESS OR ITS AFFILIATES BE LIABLE FOR ANY OF THE FOLLOWING: LOST PROFITS, LOST REVENUE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND SPECIAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c) BOUNDLESS DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH THE TRAINING PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE TRAINING PROGRAM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS.
These Terms of Services shall be governed by the laws of the State of New York, excluding conflict of law rules. Venue of any dispute shall be vested solely in New York County in the State of New York in the United States of America.
We make no promise that Courses or materials available on or through the Training Program are appropriate or available for use in locations outside the United States and accessing the Training Program from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Training Program from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
a) If any of these Terms of Service are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Service are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms of Service and the remaining Terms of Service shall survive and continue to be binding and enforceable.
b) You may not transfer any of your rights under these Terms of Service to any other person. We may transfer our rights under these Terms of Service to another business where we reasonably believe your rights will not be affected.
c) The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party.
d) Boundless shall be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent the delays or failures result from causes beyond the reasonable control of the party, including, but not limited to: acts of God or of the public enemy; U.S. or foreign governmental actions; strikes; fire; flood; epidemic; terrorism; and freight embargoes, provided that Boundless uses reasonable efforts to notify you of the circumstances causing the delay and resumes performance as soon as possible.
e) The provisions stated above are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.