CloudSpace Academy provides many services (each a “Service” and together the “Services”) through its website(s) located at www.CloudSpaceAcademy.com and www.lms.CloudSpaceAcademy.com, as well as any other websites and applications owned, operated, or controlled by us (each a “Website” and collectively the “Websites”), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any CloudSpace Academy online educational programs (collectively, the “Online Courses”) and related services, such as careers services, or any part thereof For clarity, CloudSpace Academy offers certain Online Courses that are curated, specially designed, and produced. A verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), shall be awarded, in the sole discretion of CloudSpace Academy and the instructors for the Online Courses, to Students (defined below) who have completed the course to the satisfaction of CloudSpace Academy including without limitation being in compliance with all CloudSpace Academy policies.
CloudSpace Academy and the instructors of the Online Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, Students acknowledge that CloudSpace Academy and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as CloudSpace Academy and the instructors deem appropriate.
a “Visitor,” meaning any individual that browses any of our Services, including, without limitation, through a mobile or other wireless device without being registered,
a “Student,” meaning that you have created a User Account (defined below) registered and have enrolled in and paid for access to the Online Courses and other CloudSpace Academy’s Services and/or services, content, and/or certification provided by Educational Partners and that you intend to complete the applicable program, including the homework assignments and exams, and other requirements related to those individual programs.
an “Attendee,” meaning that you have created a User Account and that you intend to audit the Online Courses, i.e., attend or view lectures online without accessing final projects or assessments required for certification, or completing the homework assignments, exams or other course work related to assessments for certification.
a “Mentor” meaning that you have a User Account and have entered into the Mentor Services Agreement with CloudSpace Academy to provide mentoring and project review services to Students.
The term “User” refers to a Visitor, Student, Attendee, Mentor, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any CloudSpace Academy community (e.g., moderators, volunteers, or experts-in-residence).
User Accounts: In order to use, access, or take part in many of our Services, including the Online Courses or to provide Mentor Services, you must select a login identification (“User ID”) and a unique user password (“User Password”) (collectively, a “User Account”). You agree that you will never divulge or share access to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of a program. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment any Online Courses, or a program, to the extent applicable.
If you are Visitor, we may contact you through our in-website and in-mobile app notification, messaging and chat services while you browse the Services. You consent to receive these notifications and messages. We also provide information on our Websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.
STUDENT AND ATTENDEE COMMUNICATIONS
Agreement to Receive Electronic Communications.
Agreement to Receive Autodialed or Pre-recorded Calls and SMS Messaging.
You further understand and consent that we may, upon notice at time of contact, monitor, or record telephone conversations between us (or our service providers) and you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
ONLINE COURSES PROVIDED BY EDUCATIONAL PARTNERS.
Any such credit or certification you receive for participation in Online Courses provided by an Educational party, may only be awarded directly by that Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive such credit or certification. In no event will CloudSpace Academy have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any Online Course.
Not For Credit:
If you are not accessing, using, or taking an Online Course on the CloudSpace Academy Websites provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of CloudSpace Academy, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner. You acknowledge and agree that instructors of any Educational Partner provided Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution and you will abide by the Student Conduct Policy listed below.
Educational Partner Online Course Payment:
Online Courses you purchase for academic credit or certification from an Educational Partner or for certification from the CloudSpace Academy site are eligible for refund under terms specified in the section entitled “Payment Terms” below. If a refund is issued, you’ll no longer receive certification and associated services for the course, but can continue to access the free courseware when available.
EMPLOYEE AND ENTERPRISE SPONSORED ACCESS
USER CONDUCT POLICY
In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, “Unauthorized Content”):
that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
that violates the rights of other Users of the Services; or
that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
To the extent you are registered or enrolled as a student in, or are otherwise attending, an Online Course provided by an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution.
CLOUDSPACE ACADEMY’S INTELLECTUAL PROPERTY RIGHTS
The Services are owned and operated by CloudSpace Academy and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the “Content”), are the property of CloudSpace Academy and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
CloudSpace Academy logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online Courses (“Marks”), are the property of CloudSpace Academy and are protected under United States and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of CloudSpace Academy.
From time to time, CloudSpace Academy may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. CloudSpace Academy and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
LICENSE TO USE THE SERVICES
In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. CloudSpace Academy has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.
LICENSE TO EDUCATIONAL CONTENT
As used herein, “Educational Content” means a subset of the Content containing the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools. Such Educational Content will be considered the “Licensed Material” under the terms of the CC License (as defined below).
CloudSpace Academy hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the “CC License”) provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.
Without limiting the generality of the terms of the CC License, the following are types of uses that CloudSpace Academy expressly defines as falling outside of the definition of “non-commercial”:
(a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
(b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
(c) providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
(d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any “pop-up advertisements”;
(e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
(f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.
CloudSpace Academy may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). CloudSpace Academy is not responsible that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. CloudSpace Academy does not claim ownership of any User Content you, or other Users, may submit or make available for inclusion on the Websites or Online Courses. Accordingly, subject to the license granted to CloudSpace Academy below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.
From time to time, CloudSpace Academy (or its third-party service providers on behalf of CloudSpace Academy) may request Users to make subtitles or captions for, or translations of, Content such as lecture videos and other Educational Content, and submit such subtitles, captions, or translations to CloudSpace Academy through a CloudSpace Academy website/portal or the website/portal of CloudSpace Academy’s service provider. In the event that CloudSpace Academy (or its service providers) makes such a request to you, CloudSpace Academy will grant to you a freely revocable, worldwide, non- exclusive, non-transferable, non-sublicensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to CloudSpace Academy (or its applicable service provider), and such subtitles, captions and translations shall be considered User Content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to CloudSpace Academy); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to CloudSpace Academy’s and its affiliate’s intellectual property, including but not limited to the Educational Content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the CC License, and any such license is given under this section and not under the CC License. In the event that you use any tools or other services of CloudSpace Academy’s service provider(s) in order to make subtitles, captions or translations, you agree to comply with any terms and conditions imposed by such service provider in conjunction with such use (e.g., those terms found at http://www.universalsubtitles.org/en/terms).
With respect to any User Content you submit to CloudSpace Academy (including for inclusion on the Websites or Online Courses) or that is otherwise made available to CloudSpace Academy, you hereby grant CloudSpace Academy an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to CloudSpace Academy above shall be exclusive. CloudSpace Academy reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit CloudSpace Academy to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and CloudSpace Academy, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the United States or the country in which you reside.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
FORUM, BLOG, AND CHATROOM SERVICES
SOCIAL SHARING AND CLOUDSPACE ACADEMY PROFILES
You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number.
You also should be aware that your Profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the Website(s). In addition, if your employer has sponsored or paid for your Online Course, your access to our career services offering may be disabled.
By enrolling in an Online Course or purchasing any of our Services and providing CloudSpace Academy with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by CloudSpace Academy through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process. You agree to CloudSpace Academy, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the CloudSpace Academy Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. CloudSpace Academy does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use a Payment Method to avoid regulatory restrictions.
For installment option, payment is due on the 5th of every month with a 3 days grace period. Failure to pay may result in the termination of your class access without refund.
Please note that tuition fees do not include fees for external examinations, registration fees, accommodation, and social activities or transport.
All fees must be paid in full before the end of the course. Students will not be able to attend all classes if full payment is not received by a
certain time period as defined in class online portal. If you wish to cancel or amend a course, please make that decision prior to signing up. All sales are final and there is no refund. If for whatever reason a student cannot finish the class, a voucher for the next class may be given to the student at CloudSpace Academy’s discretion.
Note that our classes are intended to prepare you to take the corresponding certification test, passing the class will not CERTIFY you. Passing the class just means you are ready to take the test with the vendor. The test still costs money so make sure you know how much the test cost before signing up. Although we will cover all the exam objectives in class, you are still expected to study at least 8 hours outside of the classroom per week.
Bundled Subscription Payments. If you elect to purchase access to an Online Course in the form of a bundled offering, you purchase a fixed, multi-month subscription access to the Online Course at a discounted rate, and following the fixed, multi-month term, you will revert to a monthly automatic subscription payment method. Accordingly, there will be a one-time fee paid upfront for the fixed, multi-month term access to the Online Course, and following the end of the fixed, multi-month term, you will revert to a monthly automatic renewal subscription payment method. Accordingly, each month following the fixed, multi-month term, a monthly, non-discounted fee will automatically be billed at the rate indicated on your initial payment check-out page, the monthly anniversary date of your initial credit card charge date (“Billing Date”). For more details see the ‘Automated Subscription Based Payment’ Section.
For Online Courses purchased with a Bundled offering payment, upon completion of your purchase your access to your Online Course will begin, so does your two (1) day refund period. For some Online Courses, following your enrolment, you may be provided access to a Course Preview and your first payment will be scheduled for the date of the end of the Course Preview. Following the Course Preview, at the time of the first scheduled payment your Payment Method, will be charged and your automatic-renewal subscription will start; as does the two (1) day refund period at that time.
Manual Subscription Payments. If you elect to pay by manual monthly subscription payment for an Online Course, you will be required to make a payment each month in order to manually renew your subscription and to maintain your access to the Online Course. Your two (1) day refund period will start upon your payment and access to the Online Course. In the event that you fail to manually renew your monthly subscription payment, your access to the Online Course will end at the end of the monthly period for which you have paid. If you terminate your manual subscription and re-enroll for the same Online Course, you will gain access to the Online Course and be provided a two (1) day refund period, provided however, Students are only entitled to one refund per Online Course.
Term-Based Payments. For Online Courses that are provided on a fixed-term basis there will be a one-time fee set forth on the applicable Online Course information and enrollment page. Payments will be in a one-time, flat-fee which is paid upfront. Your 1-day refund period will comment upon your date of purchase for the Online Course.
CANCELLATION & REFUND POLICY
Cancelling your automatic monthly subscription. Your automatic monthly renewal subscription will continue unless and until you graduate, cancel your subscription, or we terminate it. You may cancel your automatic subscription at any time by going to ‘Subscription & Billing’ setting found in your account ‘Settings’, then click ‘Cancel’ on your active enrollment and confirming your cancellation request with an Enrollment Advisor via phone (U.S. only) or online chat. You must cancel your automatic monthly subscription the day before your next billing date occurs in order to avoid being billed for the next period’s monthly fee. If you choose to cancel your automatic monthly subscription from an Online Course, you will continue to have full access to the Online Course until the end of the current period. There is no refund for the remaining period of the month in which you cancelled. Following your subscription cancellation you will continue to have limited access to the Online Course materials. If you cancel your subscription during a free trial (when available), you may lose access to the Classroom immediately upon cancellation, and may not be eligible for Static Access.
Cancellation terms for Pre-Orders for Subscriptions: You may cancel your pre-order subscription at any time during the pre-order period, that is, any time prior to the date on which your Payment Method is charged. Thereafter, you will have the cancellation and refund terms associated with the type of subscription model you have ordered (automatic monthly renewal, bundled offering, manual renewal or term-based), please see the appropriate section herein.
Cancellation terms for Manual Monthly Subscriptions. You will be provided the two (1) day cancellation and refund period within which to cancel your manual monthly purchase (for EU residents see the section below). Following the two (1) day refund period, there will be no further refunds. In order to cancel and request a refund go to the ‘Subscription & Billing’ setting found in your account ‘Settings’, click ‘Cancel’ on your active enrollment and confirm your cancellation request with an Enrollment Advisor via phone (U.S. only) or online chat. Please note that Students are only entitled to one refund per Online Course.
Cancellation terms for Term-based payments. Except as otherwise required by law or subject to contractual obligations, Users enrolling in term-based offerings have two (1) day from the first date the Online Course begins (for EU residents see the section below). In order to cancel and request a full refund go to the ‘Subscription & Billing’ setting found in your account ‘Settings’, click ‘Cancel’ on your active enrollment and confirm your cancellation request with an Enrollment Advisor via phone (U.S. only) or online chat. Fees paid for such programs are thereafter non-refundable for that Term.
Following your request to cancel via your settings, you may receive an email from CloudSpace Academy in order to obtain information and feedback relating to your request, so that CloudSpace Academy can better understand its customers’ needs and preferences, and/or you may also be asked to participate in a call with CloudSpace Academy representative for similar purposes. Notwithstanding such communications, the date of your original cancellation request will serve as the date for calculating your refund eligibility; additionally, you will not be required to engage in such communications in order to complete your cancellation.
Cancellation & Refund Policy for Citizens of European Union: Citizens of the European Union are entitled to a full refund during the first Fourteen (14) days following when their subscription begins, unless they have graduated from the program, single paid course, or Executive Program within this timeframe. The 14-day period refund is only available during the first month, regardless of payment method: subscription, bundle, manual, term-based payment method. All other refund and cancellation terms also apply.
Refunds: Other than stated above for each form of enrollment or payment method, you hereby acknowledge and agree that CloudSpace Academy will not offer refunds on any fees and charges related to your purchase of any products or Services. This includes any partially used or unused periods for which you have already paid, regardless of whether it is a subscription, bundled, manual subscription or one-time term payment method. We do not guarantee refunds for lack of usage or dissatisfaction. For subscription-based enrollments, upon the termination of your subscription—whether by disenrollment or graduation—you will not be charged for future monthly fees. However, you will not be issued a refund for the most recently (or any previously) charged fees. In addition, if you cancel your subscription, and subsequently re-enroll for an Online Course, you will not be entitled to an additional one (1) day refund period, only one refund is permitted per Student per Online Course. If you purchase any Online Course or Service through a mobile purchase or third-party marketplace (e.g., in-app purchases through the Apple App Store, Android App Store or purchases made through certain alternative payment services), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by CloudSpace Academy. Except as otherwise explicitly stated by CloudSpace Academy, the third-party marketplace will be solely responsible for making refunds under its refund policy, and CloudSpace Academy will have no refund obligations. CloudSpace Academy disclaims any responsibility or liability related to any third-party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy. Special refund terms may apply if you enroll under a free trial offer, for example, if you sign up for a bundle offer that includes a discount of one month, you may be eligible for a refund for two days after purchase. If however, you purchase a monthly subscription with a free trial, you will not be eligible for a refund.
Price Changes. We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your subscription. If we notify you in advance of at least fifteen (15) days, your continued use of CloudSpace Academy and the Online Course after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may terminate your subscription by cancelling at any time. If you accept the new subscription, its terms and conditions with these Terms will apply for all future months.
Taxes. When you purchase any Online Course or other Service or product from CloudSpace Academy, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that CloudSpace Academy determines it is required to collect (“Taxes”). Please note that CloudSpace Academy will calculate the “estimated Taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize CloudSpace Academy to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where VAT collection is required, if any, VAT will be calculated and added at checkout. You hereby agree to indemnify and hold CloudSpace Academy harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, VAT, and any related penalties and/or interest.
PAYMENT NOTICE FOR CALIFORNIA RESIDENTS
Under California Education Code (Section 94874 (f)), CloudSpace Academy is limited to accepting under $2,500 in fees from California residents for any individual program pursuant to the exemption set forth in the statute. Therefore, in order to comply with the California licensure requirements, CloudSpace Academy will limit paid access to prevent total program costs exceeding this limit.
SERVICES AVAILABILITY AND LIMITATIONS
You acknowledge and agree that CloudSpace Academy’s Services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the applicable FAQ for additional information about limitations and hours of availability. You also understand that CloudSpace Academy, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Online Courses, such as access to Mentors, evaluation services, career services, records of Online Course completion, or other CloudSpace Academy Services. You also understand that CloudSpace Academy may modify or discontinue any or all of the Services related to its Online Courses at its sole discretion.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE COURSES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, , CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.
LIMITATION OF LIABILITY
SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
LINKING TO THIRD-PARTY SITES AND CONTENT
The Websites and/or Online Courses may contain links to pages or content on third-party websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. CloudSpace Academy does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online Courses at any time for any reason or for no reason. CLOUDSPACE ACADEMY WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
TERMINATION OF RIGHTS
COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE PROCEDURE
CloudSpace Academy respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CloudSpace Academy’s Copyright Agent with the following information:
a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf; and
an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.
CloudSpace Academy’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent CloudSpace Academy, Inc. 244 West El Camino Real, 1st Floor Mountain View, CA 94040 Phone: 650.938.9090 Email: copyright@CloudSpace Academy.com
Legal Disputes and Arbitration Agreement Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
Initial Dispute Resolution. We are available by email at support@CloudSpace Academy.com to address any concerns you may have regarding these Terms or your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1-800-352-5267. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and CloudSpace Academy each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and CloudSpace Academy each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in San Francisco County, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in San Francisco County, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.