CyberVista Terms & Conditions
Last updated: June 23, 2020
This CyberVista Terms & Conditions (“Terms”) applies to the CyberVista website (www.cybervista.net) (the “Site”) or when you use any of our mobile or tablet applications or other online service, product or program (collectively, the “Services”) offered through the Site or other websites that link to or refers to these Terms. The Site and Services are operated by CyberVista (“CyberVista”, “we”, or “us”) or our affiliates, partners or authorized agents.
Our customers include individuals, enterprise and governmental organizations. These Terms apply to all customers who access our Site and use the Services, as further described below. For enterprise and governmental customers, we may enter into separate agreements for specific services. To the extent those agreements may include differing terms and conditions, those agreements will govern.
Use of Training Materials
CyberVista’s certification and training courses, preparatory materials, test materials and related products (collectively, the “Training Materials”) that you or your employer have purchased are to be used for your individual and personal or professional use and benefit. Unauthorized commercial resale of the Training Materials is strictly prohibited. Please be advised that CyberVista personnel regularly monitor various commercial online auction websites in order to prevent the unauthorized sale of the Training Materials. We reserve all its rights in the event of a violation of this prohibition, which may include discontinuation of the auction itself, suspension of your privileges as a seller, and enforcement of our rights under law and equity.
Creating, purchasing, and/or using photocopied (i.e., pirated, illicit copies) study notes or other preparatory materials violates the law and may violate Code of Ethics and Standards of Professional Conduct as set forth by the respective accrediting agencies.
Shared use of the Training Materials is also strictly prohibited. CyberVista will only support registered purchases of the Training Materials obtained or accessed directly from CyberVista or from an authorized distributor. The Training Materials are intended for individual and personal or professional use only unless specifically approved in writing by CyberVista.
You understand that CyberVista may revise the content of the Site, Services and Training Materials from time to time to improve them or otherwise meet its training objectives. We may add or remove materials that it considers as unnecessary or no longer relevant for exam preparation. Once the material is removed it will not be accessible and will not be available upon request.
CyberVista may provide you feedback about your performance on the tests and exams in our electronic products, if applicable. This is intended to highlight areas of your strengths and weaknesses. You understand that this performance feedback is meant to assist you in your preparation for your course exam and is in no way intended to act as a guarantee, projection or a forecast of your actual exam score. In addition, this performance feedback is intended only as a diagnostic tool of your knowledge as you prepare for your specific exam, and your actual score(s) may be affected by factors beyond our control.
We maintain 24/7/365 system availability for access to our online Services and Training Materials except during scheduled maintenance periods.
Payment of applicable Course Fees and any other associated costs must be paid in full before the start of the course. We accept Visa, MasterCard, American Express, Diners Club, Discover, corporate direct payments, and company purchase orders. Course Fees cover all applicable course materials and course software. Unless other arrangements are made for specific customers, all payments are to be made through your account with us.
As further described below, payment of the applicable Course Fees entitles you to a personal limited, nonexclusive, and nontransferable license which entitles the end user to any of the provisioned materials. Except as may otherwise be provided by CyberVista in writing, transferring or sharing your license with anyone else is a violation of the licensing agreement and may be subject to legal action.
Unless otherwise specified, shipping and handling fee for most course materials is $0 for shipments within the United States of America and a flat $50 for all international shipments.
Cancellation, Refunds and Returns
For more information regarding cancellation, refunds and returns, please review our separate policy https://certify.cybervista.net/return-policy/
The Site, Services, Training Materials and other materials available on the Site or Services, including but not limited to code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files, and other content, are the property of CyberVista and/or its affiliates or licensors, and are protected by copyright, patent, and/or other proprietary intellectual property rights under the United States and foreign laws.
You may print and download portions of material from the different areas of the Site solely for your personal and non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded or offline available material, is strictly prohibited without the express written consent of CyberVista. You agree not to change or delete any proprietary notices from materials downloaded from CyberVista. You agree that you shall have no recourse against CyberVista for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
CyberVista and our Training Materials and Services are trademarks of CyberVista, its affiliates or partners and are owned by the CyberVista. Other marks which appear on the Site may be marks of third parties that are not affiliated with CyberVista
Payment of the applicable Course Fees assigns you an individual, limited, nonexclusive, and nontransferable license to attend a specified certification course or other program during the applicable access period, which runs between when access is granted and the access expiration date. Access periods are for 180 days, 365 days, or as specified for a particular course or program.
Unless we specify otherwise in writing, you may not transfer or share your username/user id and password with anyone, even if that person has his or her own subscription with us. Such sharing of usernames/user ids and passwords is a violation of these terms and will result in immediate suspension of your privileges without refund and may be subject to legal action. CyberVista monitors its Site and access to its Services for visitors and enforces its one subscriber/one user policy diligently.
You may not commercially exploit content from the Site, Services or Training Materials, nor may you distribute derivative works from the material on the Site, Services or Training Materials. The burden of determining that your use of any information, software, or any other content on the Site or Services is permissible rests with you.
Restrictions on Participation
You must not misuse the Site or Services or any of the Training Materials or other content provided on the Site or Services. You may not interfere with the presentation or delivery of the content on the Site or Services or try to access the Site or Services using any method other than the interface and the instructions that we provide.
As a condition of accessing the Site or Services, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services other than as expressly allowed under these; (b) use CyberVista’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Site or Services (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Site, place pop-up windows over its pages or otherwise affect the display of its page; (e) use any manual process to monitor or copy any of the material on the Site or Services or for any other unauthorized purpose; (f) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or (g) otherwise interfere with or disrupt the Site or Services or networks connected to the Site or Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or Services.
Rules for Online Conduct
You agree to use the Site or Services in accordance with all applicable laws. You agree that you will not use the Site or Services for organized partisan political activities. You also agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Site or Services:
- Content that defames, harasses, or threatens others.
- Content that exploits, harms, or attempts to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Content that discusses illegal activities with the intent to commit such activities or encourages others to commit such activities.
- Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, or trade secrets.
- Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties.
- Material that contains obscene (i.e., pornographic) language or images.
- Advertising, promotional materials, or any form of commercial solicitation.
- Content that impersonates or attempts to impersonate another user, person, or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing).
- Content that otherwise harms other users or visitors to the Site or Services.
- Content that is otherwise unlawful or that violates any applicable local, state, national or international law.
- Although CyberVista will not routinely screen or monitor content potentially posted by users to the Site, CyberVista reserves the right to remove Prohibited Content of which it becomes aware (though it is under no obligation to do so).
Posting Content on the Site
You can post content to the Site or Services only if (a) you created and own the rights to the content or you have the owner’s express written permission to post the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, these Terms or any other posted policies. We have the right, but not the obligation, to remove content for any reason.
You are responsible for any content you post to Site or Services and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR SITE OR SERVICES.
You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction or investment strategy is suitable for you or any specific person.
Except as otherwise provided in these Terms, you or the owner of any content that you post to our Site or Services retain ownership of all rights, title, and interests in that content. However, by posting content on the Site or Services, you grant us and our affiliates, assigns, agents, and licensees an irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).
If you use a feature of the Site or Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
Disability Access and Accommodation
CyberVista is committed to ensuring that persons with disabilities have full and equal access to our services as provided by the Americans with Disabilities Act (ADA) and implementing regulations. CyberVista will not, on the basis of disability, deny a student access to or otherwise limit a student’s access to or participation in its programs.
Please visit our ADR Policy https://certify.cybervista.net/ada-policy/ for instructions on how to request an appropriate accommodation.
Notice of Copyright Infringement
We respect the rights of all copyright holders, and we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of infringement on the Site is:
1300 17th Street North; 17th Floor
Arlington, VA 22209
Email: [email protected]
This contact information is only for suspected copyright infringement. We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the access privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Links, Frames, and Metatags
You may link to the home page of the Site for non-commercial purposes as long as the link does not cast us in a false or misleading light. This limited right may be revoked at any time, subject to our sole discretion.
You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates the CyberVista trademarks or our name without our expressed prior written consent.
Links to Other Websites
Disclaimer and Limitation of Liability
CyberVista will host and provide the Site and Services using a commercially reasonable level of skill and care. That said, THE SITE AND SERVICES AND ANY INFORMATION, TRAINING MATERIALS, OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CYBERVISTA, ITS AFFILIATES, AGENTS, EMPLOYEES AND ITS PARTICIPATING INSTRUCTORS AND THEIR STAFF (THE “CYBERVISTA PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE OR SERVICES, INFORMATION OBTAINED FROM A SITE OR SERVICES, OR LINK TO A SITE OR SERVICES. THE CYBERVISTA PARTIES DO NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE OR SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE CYBERVISTA PARTIES DO NOT WARRANT THAT (A) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE OR SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH OR FROM THE SITE OR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE, OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SITE OR SERVICES WILL BE CORRECTED. NONE OF THE CYBERVISTA PARTIES MAKES ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE OR SERVICES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITE OR SERVICES MAY BE IMPAIRED. THE CYBERVISTA PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SITE OR SERVICES OR ANY INFORMATION OR SERVICES RELATED TO IT.
YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE OR SERVICES OR ANY INFORMATION OR SERVICES PROVIDED THEREON IS AT YOUR OWN RISK.
EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE CYBERVISTA PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THIS TERMS OR YOUR (OR ANY THIRD PARTY’S) USE OR INABILITY TO USE THE SITE OR SERVICES, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE OR SERVICES, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE OR SERVICES, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE OR SERVICES.
EXCEPT AS PROHIBITED BY LAW, THE CYBERVISTA PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THIS TERMS, YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, DATA LOSS, ANY PURCHASES ON THIS SITE OR SERVICES, YOUR PLACEMENT OF CONTENT ON A SITE OR SERVICES, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. CYBERVISTA’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USER’S USE OF THE SITE OR SERVICES WILL NOT EXCEED TWENTY U.S. DOLLARS ($20).
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE CYBERVISTA PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR OUR ABILITY TO MAKE THE SITE OR SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree to indemnify, defend, and hold harmless CyberVista and its affiliates, officers, agents, employees, and assignees, including its instructors, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Site or Services in violation of the Terms; (b) your violation of any law or rights of any third party, or (c) information that you post or otherwise make available on the Site or Services, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
You agree that CyberVista, in its sole discretion, may terminate your use of the Site, the Services or your participation in it thereof, for any reason or no reason, and that none of the CyberVista Parties shall have any liability to you for any such action.
CyberVista does not discriminate against individuals on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, age, disability, veteran status or any other category protected under applicable law in the administration of its educational or employment policies.
General Legal Terms
We may modify these Terms from time to time as provided below. If you do not agree to the changes, stop using our Site or Services before the changes take effect. Your use of the Site or Services after the effective date of any changes means that you agree to the changes.
If a court of law finds that any provision of these Terms is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
We may assign this contract at any time without notice to you. You may not assign this contact to anyone else.
You agree that the laws of the State of Delaware govern this contract and any claim or dispute that you may have against us, without regard to Delaware’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Delaware and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN;(2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF DELAWARE OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF DELAWARE FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Registrations, agreements, and terms presented by us electronically to you have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding our Site or Services electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. In addition, we are not responsible for communications that do not reach you if you have not provided us with your current contact information. If you decided not to receive notices from us electronically, we may cancel your account and terminate access to the Site or Services.
Any failure by CyberVista to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. CyberVista may assign its rights and duties under these Terms to any party at any time without notice to you.
Changes to these Terms
We will occasionally update these Terms to reflect changes in our practices and services. When we post changes to these Terms, we will revise the “Last Updated” date at the top of these Terms. By continuing to use our Site or Services after we modify these Terms, you accept the new version. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Terms. If you do not agree to the changes, you should not continue to use the Site or Services and should instead contact us by emailing [email protected]
If you have any questions about these Terms, please contact us by email as follows: [email protected] or by mail to:
1300 17th Street North
Arlington, VA 22209