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Terms of Service

TERMS OF SERVICE AGREEMENT


PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES.


ACCEPTANCE OF TERMS


The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with SierraTec Secure LLC ("Company", "we", "us", or "our"), a Virginia limited liability company with a mailing address of 187 E. Warm Springs Road, Suite B227, Las Vegas, Nevada 89116 in association with the use of the website www.sierratecsecure.com, (the "Site") and its Services, which shall be defined below.


DESCRIPTION OF WEBSITE SERVICES OFFERED


Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."


The user and/or member acknowledges and agrees that the services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms, and downloadable programs. At its discretion, company may offer additional website services and/or products, or update, modify or revise any current content and services, and this Agreement shall apply to any and all additional services and/or products and any and all updated, modified or revised services unless otherwise stipulated. Company does hereby reserve the right to cancel and cease offering any of the aforementioned services and/or products. You, as the end user and/or member, acknowledges, accepts and agrees that Company shall not be held liable for any such update, modification, revisions, suspensions or discontinuance of any of our services and/or products. Your continued use of the services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided services.


Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS-IS" and as such Company shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.


REGISTRATION


To register and become a "member" of our website, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving our Services under the laws and statutes of the United States or other applicable jurisdiction.


Furthermore, the registering party hereby acknowledges, understands and agrees to:


  • furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and

  • maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

  • If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Company will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of our services, or any portion thereof.


    It is our priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to our website platform services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age appropriate for his/her child.


    PRIVACY POLICY


    Every member's registration data and various other personal information is strictly protected by the out Online Privacy Policy (see the full Privacy Policy at ). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by us and/or our subsidiaries and affiliates.


    MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY


    After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. It shall be your responsibility to maintain the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify us immediately if you notice any unauthorized access or use of your account or password or any other breach of security. We shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.


    CONDUCT


    As a user of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of our Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by us.


    Furthermore, you herein agree not to make use of the Site's Services for the purpose of:


  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

  • Use a buying agent or purchasing agent to make purchases on the Site;

  • Use the Site to advertise or offer to sell goods and services not related to the Site;

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;

  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

  • Make improper use of our support services or submit false reports of abuse or misconduct;

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;

  • Attempt to impersonate another user or person or use the username of another user;

  • Sell or otherwise transfer your profile;

  • Use any information obtained from the Site in order to harass, abuse, or harm another person;

  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.

  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;

  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;

  • Delete the copyright or other proprietary rights notice from any Content;

  • Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms");

  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; or

  • Use the Site in a manner inconsistent with any applicable laws or regulations.

  • We reserve the right to pre-screen, refuse and/or delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considerable to other visitors, users and/or members.


    We reserve the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:


  • compliance with any legal process;

  • enforcement of the TOS;

  • responding to any claim that therein contained content is in violation of the rights of any third party;

  • responding to requests for customer service; or

  • protecting the rights, property or the personal safety of the Site, its visitors, users and members, including the general public.

  • We reserve the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Company or any other content providers supplying content services to Company. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.


    SUBSCRIPTION


    This section covers additional terms that apply to your use of our subscription-based collections as a student ("Subscription Plans"). By using a Subscription Plan, you agree to the additional terms in the sections.


    Subscription Plans. During your Subscription Plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription Plan via the Services. Your Subscription Plan may also include access to interactive environments, such as workspaces ("Interactive Sessions"). Interactive Sessions may be provided by a third party, subject to its own agreements or terms and conditions, and subject to usage limitations outlined on our Support Page. You're responsible for complying with the terms and conditions of any third party provider. The subscription that you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else. We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content through a Subscription Plan. Additional information on our right to revoke is included in the "Content Enrollment and Lifetime Access" section.


    Account Management. You may cancel your subscription by following the steps outlined on our Support Page. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. For clarity, cancellation of a subscription does not terminate your account with the Site.


    Free Trials and Renewals. Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up. We determine free trial eligibility at our sole discretion and may limit access, eligibility, or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you aren't eligible. We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your subscription prior to the end of the free trial period. For more information on how to view applicable fees and dates of your free trial period, visit our Support Page.


    Payments and Billing. The subscription fee will be listed at the time of your purchase. You can visit our Support Page to learn more about where to find the fees and dates applicable to your subscription. We may also be required to add taxes to your subscription fee as described in the "Payments, Credits, and Refunds" section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. Depending on where you are located, you may qualify for a refund. See our Refund Policy for additional information. To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees. In the event that we update your payment method using information provided by our payment service providers (as described in the "Payments, Credits, and Refunds" section above), you authorize us to continue to charge the then-applicable fees to your updated payment method. If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription. We reserve the right to change our Subscription Plans or adjust pricing for our Services at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.


    Interactive Session Restrictions. You may not do any of the following while accessing or using the Interactive Sessions:


  • use the Interactive Sessions for any purpose other than to perform the activities as instructed by us;

  • provide web, database, or forum access, or engage in cryptocurrency mining, on or through the Interactive Sessions;

  • exceed the usage limitations outlined on our Support Page;

  • access or use the Interactive Sessions in any commercial production environment;

  • take any action in the Interactive Sessions that results in a disruption or interference of our Services or the stability of our infrastructure; or

  • use any data or information other than simulated, anonymous, non-personal, non-live data or information when accessing or using the Interactive Sessions.

  • These restrictions are in addition to those listed elsewhere in this TOS.


    Subscription Disclaimers. We make no guarantees as to the availability of any specific content in any Subscription Plan or as to any minimum amount of content in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. We have no responsibility to preserve or store the content inputted by you in connection with your use of any Subscription Plan. These disclaimers are in addition to those listed in the "Disclaimers" section below.


    Instructor


    When/If you sign up to become an instructor on our Site, you agree to abide by these Instructor Terms ("Instructor Terms"). These Instructor Terms cover details about the aspects of the Site relevant to instructors and are incorporated into the general TOS that govern your use of our Site.


    As an instructor, you are contracting directly with us, regardless of whether one of our subsidiaries facilitates payments to you.


    Instructor Obligations. As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, labs, assessments, and announcements ("Submitted Content").


    You represent and warrant that:


  • you will provide and maintain accurate account information;

  • you own or have the necessary licenses, rights, consents, permissions, and authority to authorize us to use your Submitted Content as specified in these Instructor Terms and the TOS;

  • your Submitted Content will not infringe or misappropriate any third party's intellectual property rights;

  • you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and

  • you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.

  • You warrant that you will not:


  • post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;

  • post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;

  • use the Services for business other than providing tutoring, teaching, and instructional services to students;

  • engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;

  • frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;

  • impersonate another person or gain unauthorized access to another person's account;

  • interfere with or otherwise prevent other instructors from providing their services or content; or

  • abuse our resources, including support services.

  • License to Us. You grant us the rights detailed in this TOS  to offer, market, and otherwise use your Submitted Content. This includes the right to add captions or otherwise modify Submitted Content to ensure accessibility. You also authorize us to sublicense these rights to your Submitted Content to third parties, including to students directly and through third parties such as resellers, distributors, affiliate sites, deal sites, and paid advertising on third-party platforms. The rights granted in this TOS also include our right to apply generative and non-generative AI models to, and develop and improve non-generative AI models on, your Submitted Content to support the core capabilities of the Services (such as search and recommendations). Further, we may apply generative AI models to your Submitted Content during initial pre-release testing phases in 2024.


    You have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, our right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) our right to use such Submitted Content for marketing purposes shall survive termination.


    We may record and use all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant us permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or our content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.


    Trust and Safety


    Trust and Safety Policies. You agree to abide by our Trust & Safety policies, Restricted Topics policy, and other content quality standards or policies prescribed by us from time to time. You should check these policies periodically to ensure that you comply with any updates to them. You understand that your use of the Services is subject to our approval, which we may grant or deny at our sole discretion. We reserve the right to remove content, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:


  • an instructor or content does not comply with our policies or legal terms (including the TOS);

  • content falls below our quality standards or has a negative impact on the student experience;

  • an instructor engages in behavior that might reflect unfavorably on us or bring us into public disrepute, contempt, scandal, or ridicule;

  • an instructor engages the services of a marketer or other business partner who violates our policies;

  • an instructor uses the Services in a way that constitutes unfair competition, such as promotion of their off-site business in a way that violates our policies; or

  • as determined by us in our sole discretion.

  • Co-Instructors and Teaching Assistants. The Site allows you to add other users as co-instructors or teaching assistants for Submitted Content that you manage, and you are required to comply with our Co-Instructor Relationship Rules and Guidelines when taking such actions. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your account with the Site and Submitted Content. Violations of our terms and policies by your co-instructor or teaching assistant may also impact your account and Submitted Content. We are not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.


    Relationship to Other Users. Instructors don't have a direct contractual relationship with students, so the only information you'll receive about students is what is provided to you through the Site. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Site, and that you won't solicit additional personal data or store students' personal data outside the Site. You agree to indemnify us against any claims arising from your use of students' personal data.


    Anti-Piracy Efforts. We partner with anti-piracy vendors to help protect your content from unauthorized use. To enable this protection, you hereby appoint us and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your content, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant us and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.


    You agree that us and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to takedowns@udemy.com with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.


    Pricing


    Instructor Programs. We offer marketing programs as specified in the Promotions Policy ("Promotional Programs") and the GenAI Program as specified in the Instructor GenAI Policy ("Instructor Programs"). These programs can help increase your revenue potential on the Site and do not require any up-front cost to participate. You can modify your participation status, though certain programs restrict when modifications can be made and have additional requirements on termination. Any changes you make will not apply to currently active campaigns.


    Price Setting. When creating Submitted Content available for purchase on the Site, you will be prompted to select a base price ("Base Price") for your Submitted Content from a list of available price tiers. Alternatively, you may choose to offer your Submitted Content for free. As a premium instructor, you will also be given the opportunity to participate in Promotional Programs"). If you do not opt to participate in any Promotional Programs, we will list your Submitted Content for the Base Price or the closest local or mobile app equivalent (as detailed below). If you opt to participate in a Promotional Program, we may set a different discounted price or list price for your Submitted Content as described in the Promotions Policy.


    When a student purchases using a foreign currency, we will convert the relevant Base Price or Promotional Program price into the student's applicable currency using a system-wide foreign currency conversion rate set by us and fixed periodically into a table of corresponding price tiers by currency ("Price Tier Matrix"). Since the Price Tier Matrix is fixed, those conversion rates may not be identical to the applicable market rate in effect when a transaction is processed. We reserve the right to update the Price Tier Matrix at any time. The Price Tier Matrix and additional information on our pricing tiers are available here.


    When a student purchases through a mobile application, the mobile platform provider's pricing matrix will control, and we will choose the price tier closest to the applicable Base Price or Promotional Program price. Because mobile platforms impose their own currency conversion rates, conversions for mobile app prices may not match the conversions in the Price Tier Matrix.


    You give us permission to share your Submitted Content for free with our employees, with selected partners, and in cases where we need to restore access to accounts who have previously purchased your Submitted Content. You understand that you will not receive compensation in these cases.


    Transaction Taxes. If a student purchases a product or service in a country that requires us to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes ("Transaction Taxes"), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due. For purchases through mobile applications, applicable Transaction Taxes are collected by the mobile platform (such as Apple's App Store or Google Play.


    Payments


    Revenue Share . When a student purchases Submitted Content, we calculate the gross amount of the sale as the amount actually received by us from the student ("Gross Amount"). From this, we subtract any Transaction Taxes, any mobile platform fees applied to mobile provider checkout sales, a 3% service and processing fee (except in Japan, where we subtract a 4% fee) for any non-mobile provider checkout sales, and any amounts paid to third parties in connection with the Instructor Programs to calculate the net amount of the sale ("Net Amount").


    If you have not chosen to participate in any of our optional Instructor Programs, and except for sales through instructor-generated coupon codes or course referral links as described below, your revenue share will be 37% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.


    If you participate in any of the Instructor Programs, the relevant revenue share may be different and will be as specified in the Promotions Policy or Instructor GenAI Policy.


    We make all instructor payments in U.S. dollars (USD) regardless of the currency with which the sale was made. We are not responsible for your foreign currency conversion fees, wiring fees, or any other processing fees that you may incur. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD).


    Instructor Coupons and Course Referral Links. The Site allows you to generate coupon codes and referral links to offer certain items of your Submitted Content to students at a discount, at our current price, or for free, as permitted within the Services. These coupon codes and referral links are subject to limits, and you may not sell them on third-party websites or otherwise offer them in exchange for compensation. Additional information and restrictions on these coupon codes and referral links are outlined in our Trust & Safety policies. Where a student applies your coupon code or referral link at checkout, your revenue share will be 97% of the Net Amount less any applicable deductions, such as student refunds.


    Receiving Payments. For us to pay you in a timely manner, you must own a PayPal, Payoneer, or U.S. bank account (for U.S. residents only) in good standing and must keep us informed of the correct email associated with your account. You must also provide any identifying information or tax documentation (such as a W-9 or W-8) necessary for payment of amounts due, and you agree that we have the right to withhold appropriate taxes from your payments. We reserve the right to withhold payments or impose other penalties if we do not receive proper identifying information or tax documentation from you. You understand and agree that you are ultimately responsible for any taxes on your income.


    Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) we receive the fee for a course or (b) the relevant course consumption occurred.


    As an instructor, you are responsible for determining whether you are eligible to be paid by a U.S. company. We reserve the right not to pay out funds in the event of identified fraud, violations of intellectual property rights, or other violations of the law.


    If we cannot settle funds into your payment account after the period of time set forth by your state, country, or other government authority in its unclaimed property laws, we may process the funds due to you in accordance with our legal obligations, including by submitting those funds to the appropriate government authority as required by law.


    Refunds. You acknowledge and agree that students have the right to receive a refund, as detailed in this TOS. Instructors will not receive any revenue from transactions for which a refund has been granted under the TOS. If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor's Submitted Content.


    INTERSTATE COMMUNICATION


    Upon registration, you hereby acknowledge that by using our Site to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.


    CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE


    Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (), as well as the sanctions control program of the United States (). Furthermore, you state and pledge that you:


  • are not on the list of prohibited individuals which may be identified on any government export exclusion report () nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

  • agree not to transfer any software, technology or any other technical data through the use of our network services to any export-prohibited country;

  • agree not to use our website network services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

  • agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

  • CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES


    Company shall not lay claim to ownership of any content submitted by any visitor, user or member, nor make such content available for inclusion on our website services. Therefore, you hereby grant and allow for Company the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:


  • The content submitted or made available for inclusion on the publicly accessible areas of our sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of our sites, and shall terminate at such time when you elect to discontinue your membership.

  • Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of our sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network services for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of our sites and shall terminate at such time when you elect to discontinue your membership.

  • For any other content submitted or made available for inclusion on the publicly accessible areas of our sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed.

  • Those areas which may be deemed "publicly accessible" areas of our sites are those such areas of our network properties which are meant to be available to the general public, and that which would include message boards and groups that are openly available to both visitors and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.


    CONTRIBUTIONS TO COMPANY WEBSITE


    Company provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:


  • your Contributions do not contain any type of confidential or proprietary information;

  • Company shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

  • Company shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;

  • the contributor's Contributions shall automatically become the sole property of Company; and

  • Company is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

  • INDEMNITY


    All users and/or members herein agree to insure and hold Company, including our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees, made by any third party which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of our services or your connection with their services, your violations of the Terms of Service and/or your violation of any such rights of another person.


    COMMERCIAL REUSE OF SERVICES


    The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to our sites.


    USE AND STORAGE GENERAL PRACTICES


    You herein acknowledge that we may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message postings or any other uploaded content shall be retained by us, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our service, the maximum disk space allowable that shall be allocated on our servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Company has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Company shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.


    Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate with the ability to save your conversations in your account located on our servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their own personal account on our Site. It is your agreement to this TOS which establishes your consent to allow us to store any and all communications on its servers.


    MODIFICATIONS


    Company shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.


    TERMINATION


    As a member of our Site, you may cancel or terminate your account, associated email address and/or access to our services by submitting a cancellation or termination request to info@sierratecsecure.com.


    As a member, you agree that Company may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:


  • any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;

  • by way of requests from law enforcement or any other governmental agencies;

  • the discontinuance, alteration and/or material modification to our Services, or any part thereof;

  • unexpected technical or security issues and/or problems;

  • any extended periods of activity;

  • any engagement by you in any fraudulent or illegal activities; and/or

  • the nonpayment of any associated fees that may be owed by you in connection with our account services.

  • Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our services.


    The termination of your account with us, shall include any and/or all of the following:


  • the removal of any access to all or part of the Services offered within our Site;

  • the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and

  • the barring of any further use of all or part of our Services.

  • ADVERTISERS


    Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Company shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.


    LINKS


    Either Company or any third parties, may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.


    PROPRIETARY RIGHTS


    You do hereby acknowledge and agree that our Services and any essential software that may be used in connection with our services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Company or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on our Services (e.g. Content or Software), in whole or part.


    We have granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or its Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Company for use in accessing our Services.


    WARRANTY DISCLAIMERS


    YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:


  • THE USE OF OUR SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. COMPANY AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  • COMPANY AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) COMPANY SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) COMPANY SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE COMPANY SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

  • ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF OUR SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

  • NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM US OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  • A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

  • LIMITATION OF LIABILITY


    YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT COMPANY AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LAIBLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:


  • THE USE OR INABILITY TO USE OUR SERVICE;

  • THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;

  • UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

  • STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;

  • AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

  • SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS


    Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections nineteen (19) and twenty (20) again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Our content is provided primarily for informational purposes, and no content that shall be provided or included in our services is intended for trading or investing purposes. Company and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.


    EXCLUSION AND LIMITATIONS


    THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS NINETEEN (19) AND TWENTY (20) MAY NOT APPLY TO YOU.


    THIRD PARTY BENEFICIARIES


    You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.


    NOTICE


    Company may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.


    TRADEMARK INFORMATION


    You herein acknowledge, understand, and agree that all of our trademarks, copyright, trade name, service marks, and other Company logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Company. You herein agree not to display and/or use in any manner the Company logo or marks.


    If you are a published instruction, subject to the requirements below, you may use our trademarks where we authorize you to do so.


    You must:


  • only use the images of our trademarks that we make available to you, as detailed in any guidelines we may publish;

  • only use our trademarks in connection with the promotion and sale of your Submitted Content available on Udemy or your participation on Udemy; and

  • immediately comply if we request that you discontinue use.

  • You must not:


  • use our trademarks in a misleading or disparaging way;

  • use our trademarks in a way that implies that we endorse, sponsor, or approve of your Submitted Content or services; or

  • use our trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.

  • COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES


    Company will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, we may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:


  • The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;

  • A description of the copyrighted work or other intellectual property that you believe has been infringed upon;

  • A description of the location of the site which you allege has been infringing upon your work;

  • The physical address, telephone number, and email address;

  • A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;

  • And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

  • Our Agent for Notice of claims of copyright or other intellectual property infringement can be contacted as follows:


    Attn: Copyright Agent


    Mailing Address:


    187 E. Warm Springs Road, Suite B227,


    Las Vegas, Nevada 89116


    Telephone: (703) 906-7186


    Fax: (725) 543-2744


    Email: info@sierratecsecure.com


    CLOSED CAPTIONING


    BE IT KNOWN, that Company complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at .


    Deleting Your Account


    Instructions on how to delete your instructor account are available here. We'll use commercially reasonable efforts to make any remaining scheduled payments that are owed to you before deleting your account. You understand that if students have previously enrolled in your Submitted Content, your name and that Submitted Content may remain accessible to those students after your account is deleted. If you need help or encounter difficulty deleting your account, you can contact us via our Support Center.


    GENERAL INFORMATION


    ENTIRE AGREEMENT


    This TOS constitutes the entire agreement between you and Company and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to our Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other our services, affiliate services, third-party content or third-party software.


    CHOICE OF LAW AND FORUM


    It is at the mutual agreement of both you and us with regard to the TOS that the relationship between the parties shall be governed by the laws of the Virginia without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Company, shall be filed within the courts having jurisdiction within the County of Fairfax, Virginia or the U.S. District Court located in said state. You and Company agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.


    WAIVER AND SEVERABILITY OF TERMS


    At any time, should Company fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.


    NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY


    You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.


    STATUTE OF LIMITATIONS


    You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within the statute of limitations after said claim or cause of action arose or shall be forever barred.


    VIOLATIONS


    Please report any and all violations of this TOS to Company as follows:


    Mailing Address:


    187 E. Warm Springs Road, Suite B227


    Las Vegas, Nevada 89116


    Telephone: (703) 906-7186


    Fax: (725) 543-2744


    Email: info@sierratecsecure.com

    GDPR

    When you visit any of our websites, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and manage your preferences. Please note, that blocking some types of cookies may impact your experience of the site and the services we are able to offer.