You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Platform, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or (iii) signing or confirming a Sales Order or other agreement incorporating these Terms, that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of the Platform.
If you do not agree to these terms, then you may not access or use the Houdini-course.com’s allowance of your use and access to the platform is expressly conditioned upon your assent to all of the terms and conditions of these terms.
3. USE OF SERVICE
You agree not to engage in any of the following prohibited activities:
4. PLATFORM ACCESS AND ACCOUNT REGISTRATION
Except as expressly provided herein, you may not transfer your account to any other person and you may not use anyone else’s account at any time. In cases where you have nevertheless authorized or registered another person to use your account or Plan, or where you have acted negligently in safeguarding your account as set forth above, you agree you are fully responsible for:
5. SUBSCRIPTION PLANS AND PAYMENT
(a) Subscription Plan and Subscription Management
6. TERMINATION; CANCELLATION POLICY
(b) Customer’s Rights of Termination.
I. For Cause. Either the business that purchased the Plan or houdini-course.com may terminate the Plan or any Sales Order prior to its expiration if the other party breaches these Terms and fails to cure said breach within thirty (30) days after receipt of written notice thereof. Except for instances arising from houdini-course.com’s uncured breach, all fees or charges related to your Plan are non-refundable and all unpaid fees are due and payable immediately upon termination.
II.For Convenience. Unless otherwise specifically stated in terms specific to other products or Plans you purchase, a Plan may be terminated for convenience by sending written notice to houdini-course.com at least thirty (30) days prior to the expiration of the then-current Term; however, in the event of any termination for convenience all fees paid are completely non-refundable and any fees unpaid at the time of such termination for convenience shall remain due and payable. For avoidance of doubt, in the event that the Sales Order is for a multiple year Term, any termination under this section will only be permitted at the end of that Term. With respect to any Term still in effect as of the date of such termination for convenience, and upon your request, your Plan will remain active to the end of your then-current Term to the extent your fee(s) have been paid; provided that these Terms will continue in effect and govern such Term until its expiration or earlier termination for cause. All termination requests made pursuant to this Section 11(b)(ii) must be emailed to firstname.lastname@example.org no later than thirty (30) days in advance of the expiration of the then-current Term.
III. No Refunds. Refunds will not be given if you cancel your Plan or delete your account prior to the end of your Term. However we might decide this on a case-by-case basis.
IV. You acknowledge and agree that houdini-course.com may retain and store your information on houdini-course.com’s systems for archival purposes notwithstanding any termination or cancellation of your account or Plan.
7. PROPRIETARY MATERIALS
I. Use of houdini-course.com’s Proprietary Materials. The Platform contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of houdini-course.com and licensors of houdini-course.com (collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means. The right of access to the Platform does not grant to you any right to download or store any Proprietary Materials in any medium, other than (i) that downloadable content that may be provided in connection with your Plan for certain training courses, including exercise files, course slides, and sample code, (ii) files that are automatically cached by your web browser for display purposes, and (iii) if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by these Terms and the end user license agreement below (collectively, the “Authorized Downloadable Materials”). Authorized Downloadable Materials are held by you pursuant to a limited revocable license only, and are subject to all restrictions described herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner.
II. Reservation of Rights. houdini-course.com reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the applicable license granted you under these Terms. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.
III. houdini-course.com Copyright and Marks. The entire Platform is protected by copyright. Complying with all applicable copyright laws is your responsibility. “houdini-course.com”, “Skill”, “Flow”, “Skill IQ”, “Role IQ”, “Team IQ”, “houdini-course.com IQ”, “IRIS”, and other houdini-course.com marks and logos are service marks and trademarks of houdini-course.com.
IV. Third-Party Marks. Other trademarks, service marks and logos used on the Site are the trademarks, service marks or logos of their respective owners. houdini-course.com is using these third-party trademarks, service marks or logos with the permission of the trademark owner or for identification purposes only.
V. Violation of Copyright or Intellectual Property Laws. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Platform that we believe (or are notified) may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us promptly by way of the procedures that we maintain at http://www.houdini-course.com.com/copyright-procedure.
a Confidential Information. “Confidential Information” means all information which is disclosed to or obtained by one party (whether directly or indirectly) from the other, including the Proprietary Materials, and all information relating to that other’s business, operations, systems, processes, products, trade secrets, know-how, contracts, finances, plans, strategies or current, former or prospective clients, customers, partners or suppliers (together with copies made of any of the above) whether or not such information is marked as being confidential, but excluding information which: I. is available to the public other than because of any breach of these Terms;
II. is, when it is supplied, already known to whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others;
III. is independently obtained by whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; or
IV. is developed independently of and without reference to any Confidential Information provided.
b Use of Confidential Information. houdini-course.com agrees to use your Confidential Information only for the purpose of performing its obligations under these Terms.
9. REPRESENTATION, WARRANTIES, AND COVENANTS
(a) Your Representations and Warranties. You represent and warrant that:
I. You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Platform, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
(b) Authority. You and houdini-course.com each represent, warrant, and covenant that it has the full power and authority to: I. enter into an agreement subject to these Terms; II. perform its obligations hereunder, and that its performance hereunder does not conflict with, limit, or be contrary to any other agreement; III. and that by so doing, it does not violate any applicable laws or any contractual relationship.
(c) houdini-course.com Intellectual Property. We represent, warrant, and covenant that: I. we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with our performance under these Terms to grant you rights granted hereunder; and
II. neither the Platform (including the Proprietary Materials), nor the provision or utilization thereof as contemplated under these Terms, will infringe, violate, trespass or in any manner contravene or breach or constitute the unauthorized use or misappropriation of any intellectual property of any third party.
(d) Reliance and Functionality. houdini-course.com does not warrant that the content or functions of the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error free. The content and materials presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on our materials by you, your users, or any other visitor to the Platform, or by anyone who may be informed of any of its contents. The Platform may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by houdini-course.com, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of houdini-course.com. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, and use of any services provided by third parties is subject to their policies and at your own risk.
(e) Availability of Platform. You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Platform, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Platform may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Platform, or any other delays outside of our control.
(f) Non-houdini-course.com Products. If you install or enable Non-houdini-course.com Products for use with Platform, you acknowledge that providers of those Non-houdini-course.com Products may have access to User Content in connection with the interoperation of the Platform. houdini-course.com will not be responsible for any use, disclosure, modification, or deletion of User Content while accessed or transmitted through such Non-houdini-course.com Products.
10. NO WARRANTY; LIMITATIONS ON LIABILITY
(a) No warranty. Except for those warranties outlined herein, the platform is provided on an “as is” and “as available” basis, without warranty of any kind, whether expressed or implied. neither houdini-course.com nor any person or entity associated with houdini-course.com makes any promise, warranty, or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the platform. without limiting the foregoing, neither houdini-course.com nor any person or entity associated with houdini-course.com promises, represents or warrants that the platform or content obtained through the platform or any portion thereof will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the platform or the server that makes them available are free of viruses or other harmful components, or that the site or its content or materials will otherwise meet your needs or expectations. houdini-course.com hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non- infringement, and fitness for a particular purpose.
(b) Limitation on Liability. in no event will houdini-course.com, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable to you, any of your users, or any third party with respect to the platform or the subject matter of these terms under any contract, negligence, tort, strict liability, or other legal or equitable theory, even if foreseeable, for: (i) any amount in the aggregate in excess of the greater of the amount you have paid to houdini-course.com for the platform in the three (3) months immediately prior to liability arising; (ii) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, including without limitation loss of revenue, loss of profits, loss of business, loss of anticipated savings, loss of use, or loss of goodwill; (iii) user content or data loss or cost of procurement of substitute goods or services; (iv) for any matter beyond our reasonable control; or (v) for any actions of, or services provided by, third-party service providers or independent contractors (including mentors) providing services on behalf of houdini-course.com or via the platform.
the foregoing does not affect any liability which cannot be excluded or limited under applicable law.
11. CHANGES TO TERMS OR THE PLATFORM
(b) Changes to the Platform. houdini-course.com may at any time, without notice or liability, change or eliminate any content or feature of the Platform or any portion thereof, or restrict the use of any portion of the Platform. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Platform. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any reason.
(a) Non-Waiver. Failure by houdini-course.com to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right.
(b)) Severability. If any provision of these Terms is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions of these Terms.
(c) Governing Law and Jurisdiction. These Terms, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to these Terms, or the negotiation, execution, or performance under these Terms (including any claim or cause of action based upon, arising out of, or related to any representation or warranty made in or in connection with these Terms or as an inducement to agree to these Terms), are governed by and will be construed and enforced in accordance with the laws of the State of Utah, including its statute of limitations, without reference to (i) any conflicts of law principles that would apply the substantive laws of another jurisdiction to the parties’ rights or duties, (ii) the United Nations Convention on Contracts for the International Sale of Goods, or (iii) other international laws. Any action or other judicial proceeding for the enforcement of these Terms or any of its provisions shall be instituted only in the courts of the State of Utah.
(d) Compliance with Legal Requests. Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose customer data or other information on the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
(e) Compliance with Applicable Laws. houdini-course.com agrees to comply with all applicable laws and regulations, including the General Data Protection Regulation 2016/679 and the California Consumer Privacy Act, with respect to the use and disclosure of your personal information.
(f) Your Marks. You agree that we may identify you as a customer of houdini-course.com on houdini-course.com’s websites and in other marketing materials. houdini-course.com may display your trademarks, service marks, and/or logos in houdini-course.com marketing materials or on our Platform in order to identify you as a customer. The foregoing shall be deemed a worldwide, non-exclusive, and irrevocable license to use your name, trademarks, service marks, and logos for this purpose during the Term. You also agree to be referenced in press releases and case studies prepared by houdini-course.com. Such license and consent will terminate at the end of your Term.
(g) Dispute Resolution. Should any dispute arise with regard to these Terms, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms..
(h) Notice. Any notice which may be required to be given under these Terms, will be given: (i) by houdini-course.com to you via e-mail to the e-mail address you maintain in your account settings or by notifying you electronically by displaying the notice in the Platform; (ii) by you to us in any commercially reasonable manner, including certified mail, return receipt requested, e-mail, or any other customary means of communication at the applicable mailing address set forth below, as may be updated from time to time. Any notice given otherwise than in accordance with this Section will be deemed ineffective.