Terms of Service
Important; Read Carefully: Privacy Proficient, Inc. (“Company”) provides a right to use the Services pursuant to these terms of service (this “Agreement”). This Agreement is a legal contract between you (if using the Services in your capacity as an individual) or the legal entity you represent (e.g., your employer) (“You”) and Company. Read the terms of this Agreement carefully. By signing up for a free trial, subscribing to, or using the Services, You agree to be bound by this Agreement. If You do not agree to the terms of this Agreement, do not sign up for a free trial, subscribe to, or use the Services.
“Content” means videos, photos, images, audio, music, sounds, graphics, special effects, images, logos, branding, marks and other files, information and content.
“Course” means a series of lectures or lessons in a particular subject.
“Services” means the services that Company provides to You under this Agreement, which may include access to or use of Privacy Proficient Assets, Content, Courses, Privacy Proficient Platform, or customer support.
“Site” means the Company web site – http://privacyproficient.com, its pages and subdomains.
“Subscription” means the then-current Company Subscription(s) for which You will pay or have paid a subscription fee to use Services.
“Privacy Proficient Assets” means all Content that Company makes available or provides separately, in Courses, or within the Privacy Proficient Platform.
“Privacy Proficient Platform” means the Company cloud-based hosted platform, including Site, Content and applications which allow users to, among other things, engage in training, learning activities, testing or other related activities.
“Your Content” means all Content that You upload, post or otherwise make available or provide to the Privacy Proficient Platform.
You need an account for some activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting firstname.lastname@example.org.You must have reached the age of consent for online services in your country to use our platform.
You need an account for some activities on our platform, including such things as purchasing and enrolling in a course. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account and Company will not intervene in disputes between students who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting email@example.com. We may request some information from you to confirm that you are indeed the owner of your account.
Students must be at least 18 years of age to create an account on the Company Platform and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account.
You can terminate your account at any time.
When you enroll in a Course, you get a license from us to view it via the Services and no other use. Don’t try to transfer or resell courses in any way. We grant you an access license, except when we must disable the course because of legal or policy reasons.
As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from Company a license to view the course via the Services, and Company is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
In legal, more complete terms, Company grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Company authorized representative. This also applies to content you can access via any of our APIs.
We generally give an access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Acceptable Use Policy. The access is not applicable to add-on features and services associated with a course, for example an instructor may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the access is to the course content but not to the instructor.
Instructors may not grant licenses to their courses to student directly and any such direct license shall be null and void and a violation of these Terms.
Subject to the terms and conditions of this Agreement, including the payment of the applicable fee, and the limitations imposed by Your applicable Subscription, Company hereby grants You, solely during the term of this Agreement, a non-exclusive, non-transferable right to access and use the applicable Services to engage in learning about privacy for Your personal use.
Subject to the terms and conditions of this Agreement, You hereby grant to Company, solely during the term of this Agreement, a non-exclusive, royalty-free license to use, reproduce, display and perform Your Content solely as necessary to provide the Services to You under this Agreement. This license shall include the right to sublicense the license granted in this paragraph to Company’s cloud service provider for the sole purpose of hosting the Services and storing and displaying Content as contemplated by this Agreement.
Company may also grant You, subject to the terms and conditions of this Agreement, a non-exclusive, non-transferable right to access and use Services, on a free trial basis, not to exceed 14 days. Such trial Subscription shall not include any license to use, reproduce, display, perform or distribute Your Content for any commercial use other than for You to evaluate the Services.
You acknowledge that any submissions you make to the Site (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission”) may be edited, removed, modified, published, transmitted, and displayed by the Company and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.
You grant the Company a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to Your Content you submit to the Site, which includes without limitation the right for the Company or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any submission posted by you on or to the Site.
You may download or copy the Content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein. This does not include a right to resell items in any manner. It also does not include the right to elsewhere post or publish items that have been downloaded from this Site.
As between the parties, and except for the licenses granted by this Agreement, You retain all right, title and interest, including all related intellectual property rights, in and to Your Content.
As between the parties, and except for the licenses granted by this Agreement, Company retains all right, title and interest, including all related intellectual property rights, in and to Services (excluding Your Content contained therein, which shall be owned by You), any other software, information and materials made available by Company under this Agreement, and any modifications to the foregoing.
Company retains all rights not expressly granted to You under this Agreement. You do not have any implied rights under this Agreement, or any rights to use any Services except as expressly provided in this Agreement.
Except to the extent expressly permitted by applicable law, You may not decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the Services.
You shall not remove (or attempt to remove) any copyright, trademark or other intellectual property rights notice contained in or on any Services. You shall not remove (or attempt to remove) any digital watermark that may appear in any Services. Additionally, You shall neither defeat nor circumvent (or attempt to defeat or circumvent) any digital rights management technology used by Company.
A user account is required to access the Services and may be accessed and used only by those authorized individuals who have registered with Company. Each user will choose a unique, non-transferable password. User accounts cannot be “shared” or used by more than one individual.
No right or license is granted to display or perform any Content (in whole or in part), over any of broadcast, cable, satellite television or subscription-based or pay-per-download over-the-top (OTT) platforms.
No right or license is granted to use the Services in any way other than as provided in these terms of service.
The Content may not be assigned, transferred or used for the benefit of a third party unless You have purchased a “Transfer Rights” or “Sublicense Rights” license.
7. DATA SECURITY, PRIVACY AND ACCEPTABLE USE
Company currently uses GoDaddy Hosting services, which uses Amazon Web Services (“AWS”) as its cloud services provider (https://aboutus.godaddy.net/newsroom/news-releases/news-releases-details/2018/GoDaddy-Goes-All-In-on-AWS/default.aspx). AWS infrastructure is housed in Amazon-controlled data centers. AWS has been accredited under ISO 27001, as well as SOC 1/SSAE 16/ISAE 3402 (Previously SAS 70 Type II) and SOC2 Type II. For more information on the security provided by AWS, please see the Amazon Web Services Security Center page (https://aws.amazon.com/security/). Company has implemented reasonable security measures in connection with the Services; however, You acknowledge that no data transmission over the Internet or data storage system can be guaranteed to be 100% secure and Company cannot guarantee the security of data transmitted to it or that it stores. You acknowledge that if You wish to protect its transmission of any data, it is Your responsibility to use a secure encrypted connection to communicate with the Services. Company shall not be liable to You for any liabilities arising from the operation of the Services over the Internet or other networks outside of its control.
Company’s acceptable use practices regarding the use of Services are governed by Company’s acceptable use policy posted at https://PrivacyProficient.com/terms, as it is amended from time to time, which is hereby incorporated by reference. You agree to abide by Company’s acceptable use policy.
European Union Personal Data
Company as Processor. The Parties acknowledge and agree that, with respect to personal data (as defined by the GDPR of the European Parliament and the Council of the European Union) of data subjects in the European Economic Area (EEA), You are the data controller and Company is the data processor acting on Your behalf when You submit the data into the Services. You agree to comply with all obligations applicable to You as a data controller, and You represent that You have all necessary rights and consents to transfer the data to us for processing. Company will use and process the data in order to provide the Services and fulfill Company’s obligations under the Agreement, and in accordance with Your instructions as represented in this Agreement, including to process data (i) in accordance with this Agreement; (ii) as part of any processing initiated by You in using the Services and (iii) to comply with other reasonable instructions consistent with this Agreement. Company will operate appropriate technical and organizational measures to protect against unauthorized or unlawful processing of such data and against accidental loss or destruction of, or damage to, such data. You acknowledge and agree that we may use or permit third parties, acting as sub-processors, to process the personal data in order to provide the services or fulfill our obligations under the Agreement. Any such sub-processor may use the personal data only for the purpose provided and no other purpose, and Company will require sub-processors to provide at least the same level of security as Company does. You consent to Company’s use of these sub-processors, and Company will make available a list of sub-processors upon request. If You are a customer located in the European Union, You may request a Data Processing Addendum (“DPA”) from us and Company will enter into EU standard contractual clauses with You. The Services and websites are provided via equipment and resources located in the United States and other locations throughout the world and You consent to having personal data processed by us in the United States and other locations throughout the world. Company as Controller. You acknowledge that Company is the Data Controller with respect to the processing of Personal Data which is necessary for the operation of the Services, including account and billing information, and You consent to Company’s processing of the data for this purpose.
8. TERM, RENEWAL AND TERMINATION
This Agreement begins on the date when You first purchase Services, or sign up for a free trial, or the date when You subscribe to a paid Subscription.
If You subscribe to a monthly, quarterly or annual Subscription, the Agreement will continue for a term of one month, one quarter or one year, as applicable, and will automatically renew for additional one month, one quarter or one year periods, as applicable, each subsequent period thereafter until terminated.
Company may terminate this Agreement if You have not paid any applicable Subscription fee or if You materially breach the Agreement and fail to remedy the breach within thirty (30) days of notice of the breach.
Should You wish to terminate this Agreement, You may turn off the auto-renew feature under Account Settings. In the event of Your termination, this Agreement will terminate at the end of then-current Subscription term. You must continue to pay all charges incurred during the remainder of the then-current term.
Company reserves the right to change or discontinue any part of the Services at any time. If Company discontinues or sunsets the Services altogether, it will give You thirty (30) days’ prior notice.
The definitions and rights, duties and obligations of the parties that by their nature continue and survive shall survive any termination or expiration of this Agreement.
9. PAYMENT AND TAXES
Company charges fees for individual Courses or Content items. Company charges a Subscription fee for access to Services. You agree to pay all fees charged by Company and otherwise incurred by You. All fees are payable in advance, non-refundable and, unless otherwise stated, in US dollars.
You agree to pay the fees for items that you purchase, and You authorize us to charge Your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. Company works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.
When You make a purchase, you agree not to use an invalid or unauthorized payment method. If Your payment method fails and you still get access to the course you are enrolling in, You agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any item for which we have not received adequate payments.
If You fail to pay the applicable fees in a timely manner, other than fees disputed in good faith, Company may suspend or terminate Your access to either the Services or certain features parts of the Services.
The prices of items are determined by Company. In some instances, the price of an item offered on the Company website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.
We regularly run promotions and sales. Certain items are only available at discounted prices for a set period of time. The price applicable will be the price at the time You complete Your purchase (at checkout). Any price offered for a particular item may also be different when You are logged into Your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.
You are responsible for, and will indemnify and hold Company harmless from, payment of all taxes (other than taxes based on Company’s net income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the payment of fees to Company under this Agreement or the provision, delivery, license or use of any Services. You will make all payments to Company free and clear of, and without reduction for, any withholding taxes; any such taxes imposed on payments of fees to Company will be Your sole responsibility, and You agree to provide Company with official receipts issued by the appropriate taxing authority, or such other evidence as Company may reasonably request, to establish that such taxes have been paid.
10. REFUNDS AND CREDITS
If the item You purchased is not what You were expecting, You can request, within 30 days of Your purchase, that Company credit/refund Your account. We reserve the right to apply a credit or a refund, at Company discretion, depending on capabilities of Company payment processing partners or the platform from which You purchased your item (website, mobile or TV app). No credit or refund is due to you if you request it after the 30-day guarantee time limit has passed.
In some cases, we may issue credits to Your account. These credits will be automatically applied towards your next course purchase on Company website, but can’t be used for purchases in Company mobile or TV applications. Credits may expire if not used within the specified period, and have no cash value.
At Company discretion, if we believe You are abusing Credit credit/refund policy, we reserve the right to ban Your account and access and to restrict all future use of the Services. If we ban Your account or disable Your access to a course due to Your violation of these Terms or Company Acceptable Use Policy, You will not be eligible to receive any credit or refund.
11. GOVERNMENT RESTRICTIONS
You may not export or re-export the Services or Your Content except in compliance with the United States Export Administration Act and the related rules and regulations and similar non-U.S. government restrictions, if applicable. The foregoing and all accompanying documentation are deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performing, displaying, or disclosing of the foregoing by the U.S. Government is governed solely by the terms of this Agreement.
Company represents and warrants to You that for a period of ninety (90) days from Your first use of the Services, Services will function correctly in all material respects. In the event of a breach of this warranty, Company will use its reasonable commercial efforts to remedy the breach or, at Company’s discretion, may refund the fees paid for access to the Services. Such remedies shall be the sole remedy by You against Company for a breach of this warranty.
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND COMPANY HEREBY DISCLAIMS AND EXCLUDES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND SATISFACTORY QUALITY.
Company does not warrant that the Services will meet Your needs or requirements or be error-free or always available or available at any particular time or that any errors or defects will be corrected.
You represent and warrant to Company that You own or otherwise control and have sufficient rights or licenses to provide all Your Content for use by Company in the manner contemplated by this Agreement.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), OR OTHERWISE.
EACH PARTY’S LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE FEES, IF ANY, PAID OR PAYABLE BY YOU TO COMPANY UNDER THIS AGREEMENT IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT FIRST GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. WITH RESPECT TO ANY TRIAL SUBSCRIPTION, IN NO EVENT WILL COMPANY’S LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RESULTING FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY USE (OR ATTEMPTED USE) OF THE SERVICES, EXCEED FIFTY DOLLARS (USD $50).
You shall indemnify and hold harmless Company and its officers, directors, employees and agents from and against liabilities, costs, losses, damages, judgments, expenses (including attorneys’ fees and costs of experts and costs of appeals) arising out or in connection with any and all of the following: (a) any allegation that Your Content infringes, misappropriates or violates any intellectual property right, including, without limitation, any rights of publicity or privacy, (b) any claims for defamation or slander, invasion of privacy or other violation of a person’s rights, (c) any unauthorized activity relating to Your account, or (d) any failure of You to have all necessary rights and licenses in and to Your Content.
Company shall indemnify and hold harmless You and Your officers, directors, employees and agents from and against third party out of pocket liabilities, costs, losses, damages, judgments, expenses (including attorneys’ fees and costs of experts and costs of appeals) arising out or in connection with any and all of the following: any third party claim that the Services infringe, misappropriate or violate any United States patent, copyright, trademark or trade secret rights of any third parties.
Each party’s obligations to indemnify the other party under this Section shall be conditioned upon the following: (a) The indemnified party shall promptly notify the indemnifying party in writing of the claim; (b) the indemnified party shall grant the indemnifying party sole control of the defense and settlement of the claim; and (c) the indemnified party shall provide the indemnifying party, at the indemnifying party’s expense, with all assistance, information and authority reasonably required for the defense or settlement of the claim.
Notwithstanding the foregoing, Company shall have no liability for any claim of infringement based on (a) the use of the Services other than in accordance with this Agreement, or (b) the combination of the Services with other Content, services, software or hardware not provided by Company, where the combination causes the infringement and not the Services standing alone.
If the Services, or any material portion thereof, are held by a court of competent jurisdiction to infringe, or if Company believes that the Services may be subject to a claim or held to infringe, Company shall in its commercially reasonable judgment and at its expense (a) replace or modify the Services so as to be non-infringing, provided that the replacement Content or platform contains substantially similar functionality; (b) obtain for You the rights to continue using the Services; or (c) if a non-infringing Content or platform or the rights to use the Services cannot be obtained upon commercially reasonable terms, terminate this Agreement. Upon any such termination of this Agreement, Company shall refund the fees paid by You under this Agreement.
This Section sets forth each party’s exclusive remedy, and the indemnifying party’s entire liability, with respect to infringement or misappropriation of intellectual property rights of any kind arising out of this Agreement.
15. CONFIDENTIALITY AND FEEDBACK
You agree to keep confidential and not use other than in the performance of this Agreement or disclose to a third party any information of Company that You know or reasonably should know is confidential to Company.
To the extent You provide Company with any suggestions, information, ideas, or feedback concerning any of the Services, including but not limited to, a report of any errors which You discover while using the Services or any related documentation (“Feedback”), such Feedback will be the property of Company. You agree to assign, and hereby do assign, all right, title and interest worldwide in the Feedback, and the related intellectual property rights, to Company and agree to assist Company in perfecting and enforcing these rights.
You may not transfer or assign Your rights under this Agreement, in whole or in part, without the prior written consent of Company, except that You may, without obtaining the prior written consent of Company, transfer and assign Your rights under this Agreement in connection with a merger, acquisition or sale of all or substantially all of Your assets to which this Agreement relates (each, a “Permitted M&A Transaction”). Any attempted assignment in violation of the foregoing is void. If You assign this Agreement pursuant to a Permitted M&A Transaction, You agree to promptly inform Company of the identity and address of the other party involved in the Permitted M&A Transaction. Company may freely transfer or assign its rights under this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
17. NOTICES AND INTELLECTUAL PROPERTY RIGHTS
If You have any questions about this Agreement, or if You want to contact Company for any reason, please direct all correspondence to: Privacy Proficient, Inc., 6010 152nd Ave SE, Bellevue WA 98006 USA or send us an email to info@PrivacyProficient.com.
Infringement. Company respects the intellectual property rights of others, and we ask You to do the same. Company may, in appropriate circumstances, terminate Services and/or access to Services to subscribers who infringe the intellectual property rights of others or block or delete their Content. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears in the Services, please provide Company’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at in the Services, and information reasonably sufficient to permit Company to locate the material.
- Information reasonably sufficient to permit Company to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.
- A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company’s agent for notice of claims of copyright or trademark infringement in the Services can be reached as follows:
Privacy Proficient, Inc.
6010 152nd Ave SE
Bellevue, WA 98006
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a DMCA Counter-Notification. Company will notify You that we have removed or disabled access to copyright-protected material that You provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If You receive such notice from us, You may provide us with a counter-notification in writing to Company’s designated agent that includes all of the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that You consent to the jurisdiction of a court for the judicial district in which Your physical address is located, or if Your physical address is outside of the United States, for any judicial district in which Company may be located, and that You will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers. Company reserves the right, in its sole discretion, to terminate the account or access of any user of Services who is the subject or repeated DMCA or other infringement notifications and to block and delete their Content.
18. ENTIRE AGREEMENT
This Agreement, any Company policy referred to in this Agreement and any schedule referring to this Agreement, each of which is incorporated by reference, constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement and such schedule.
Any terms and conditions contained in any purchase order that are inconsistent with or in addition to the terms and conditions of this Agreement will be deemed stricken from such purchase order, unless expressly agreed to in writing by Company.
The laws of the State of Washington govern all matters arising out of this Agreement, without regard to conflict of law principles. The United Nations Convention for the International Sale of Goods shall not apply. The federal and state courts located in King County, Washington USA will have non-exclusive jurisdiction in respect of disputes arising in connection with this Agreement. If any provision of this Agreement is held invalid, that provision will be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this Agreement will continue in full force and effect. The parties to this Agreement are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. This Agreement is nonexclusive, and each party will be free to enter into other similar agreements or arrangements with other third parties. Company has no liability for any failure of performance or equipment due to causes beyond its reasonable control, including, but not limited to, the following: acts of God, fire, flood, earthquake, tsunami, storm, or other catastrophes; any law, order, regulation, direction, action, or request of any governmental entity or agency, or any civil or military authority; national emergencies, insurrections, riots, wars or acts of terrorism; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties; or failure of the Internet or any telecommunications, hosting or service provider. This Agreement may be modified only by a written agreement that is signed by authorized representatives of both parties and identifies itself as an amendment to this Agreement, provided that Company may modify this Agreement at any time upon notice to You, with such modification to be effective on the next renewal term of this Agreement. No term or provision hereof will be considered waived by a party, and no breach excused, unless the waiver or consent is in writing signed by such party. No consent by a party to, or waiver of, a breach, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such paragraph or in any way affect such section.
PRIVACY PROFICIENT ACCEPTABLE USE POLICY (AUP)
Privacy Proficient, Inc. (“Company”) has established this Acceptable Use Policy (“Policy”) in order to define certain activities and behaviors that are prohibited. Company reserves the right to modify this Policy at any time. Changes and modifications to this Policy will be effective when posted to the Privacy Proficient website or when Company provides notice of the change, whichever is sooner. Capitalized terms used in this Policy but not defined in this Policy shall have the meanings given to such terms in the Terms of Service.
You can only use the Services for lawful purposes. You’re responsible for all the Your Content that You post on the Services. You should keep Your content in line with the law, and respect the intellectual property rights of others. We can ban Your account for repeated or major offenses.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on Company platform must comply with applicable local or national laws or regulations of Your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to You. You may not access Company Services if You are from a territory where U.S. businesses are prohibited from engaging in business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if You have been designated a Specially Designated National, Denied Person, or Denied Entity by the U.S. government.
If You are a student, the Services might enable you to ask questions to the instructors of courses You are enrolled in, and to post reviews of courses. For certain courses, the instructor might invite You to submit content as “homework” or tests. Don’t post or submit anything that is not Yours.
You will neither knowingly upload Content to nor knowingly create Content on the Services which:
- Defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as the rights of privacy and publicity) of others, or is libelous or defamatory.
- Uses explicit or obscene language, contains sexually explicit images (actual or simulated) or is pornographic in any way
- Uses racially, ethnically or otherwise offensive language
- Is discriminatory (based on race, color, religion, gender, sexual orientation, age, national origin, ancestry or physical ability) or ridicules or makes negative reference to certain individuals or groups, including, without limitation, with respect to religion, the mentally or physically disabled, sexual orientation, gender, or national origin or ethnicity.
- Exploits children or minors
- Depicts cruelty to animals
- Incites illegal activity or otherwise promotes the committing of a crime
- Incorporates any material to which You do not possess all necessary rights or which infringes or misappropriates any intellectual property or proprietary right of any party, including, without limitation, any patent, copyright, trademark, trade secret or moral right or any right of publicity or privacy.
- Incorporates any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Falsely expresses or implies that such Content or material is sponsored or endorsed by Privacy Proficient or Company.
- Transmits or provides any viruses, worms, defects, Trojan horses or other items of a destructive nature or any software or material that is designed or intended, or otherwise likely, to cause harm to any software, equipment, hardware or system, including, without limitation, any materials which contains a virus, Easter egg, worm, software code, data or other files or programs designed to damage or allow unauthorized access to any hardware, software, equipment or system or which may cause any defect, error, malfunction, corruption, damage or harm to any such hardware, software, equipment or system.
In the community areas of the Services, You will not knowingly:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as the rights of privacy and publicity) of others, or make libelous or defamatory statements.
- Use explicit or obscene language, or make sexually explicit or pornographic statements.
- Use racially, ethnically or otherwise offensive language
- Make discriminatory statements (based on race, color, religion, gender, sexual orientation, age, national origin, ancestry or physical ability) or ridicule or make negative reference to certain individuals or groups, including, without limitation, with respect to religion, the mentally or physically disabled, sexual orientation, gender, or national origin or ethnicity.
- Exploit children or minors
- Encourage cruelty to animals.
- Incite illegal activity or otherwise promote the committing of a crime
- Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
- Collect any information about other users or members (including usernames and/or email addresses) for any purpose.
- Falsely express or imply that Your statements are sponsored or endorsed by Company.
You will further refrain from knowingly:
- Using any robot, spider, scraper or other automated means to access the Services
- Taking any action that imposes an unreasonable or disproportionately large load on Company’s equipment or infrastructure.
- Creating user accounts by automated means or under false or fraudulent pretenses.
- Removing, obscuring or changing any copyright, trademark, hyperlink or other proprietary rights notices contained in or on the Services related code embeddable or embedded on a third-party web site.
- Using the Services to violate the security of any computer, equipment, device, hardware, system or network or transfer or store illegal Content or material.
This list of prohibitions provides examples and is not complete or exclusive. Company reserves the right to (a) terminate Your account and/or suspend Your access to the Services for violation of this Policy until such time as the violation is corrected and (b) block or delete any of Your Content; with or without cause, and with or without notice, which Company reasonably determines in good faith is inappropriate or disruptive to the Services or to any other user of the Services (or any combination thereof) or that may expose Company to liability. Company may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Company’s discretion, Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this site or on the Internet.
Company has no obligation to monitor, police or remove any of Your Content or other information submitted by You or anyone else.