Legal Notice

(Terms of Use for Sitecore Learning Management System)

Please review the following terms and conditions (“Terms of Use”) prior to using the Sitecore Learning Management System Website (the “Website”). On the Website, you can access and purchase Sitecore e-learning training courses, as well as book and purchase Sitecore classroom training courses. Any use of the Website and Services (as defined below) is subject to these Terms of Use.

ACCEPTANCE OF TERMS OF USE

By clicking “I have read and agree to the Terms of Use” on the Website’s sign-in page, or by using or accessing the Services (including downloading any materials from the Website), you manifest your acceptance of these Terms of Use. If you do not accept these Terms of Use, you may not use the Website (including downloading or uploading any materials to or from the Website). These Terms of Use do not amend or supersede any terms of a separate agreement for the provision of Sitecore training you may have entered into with a Sitecore entity (each, an “STA”); in the event of a conflict between an STA and these Terms of Use, the terms of the STA will control.

Sitecore may, at any time, and at its sole discretion, choose to change these Terms of Use by posting new terms on the Website. By using the Website after any such change, you indicate your assent to such new terms. In the event that you (or your End Users) refuse to accept such changes, Sitecore may terminate access to the Website or the relevant Services. Within 90 days of such termination, and upon your request to Sitecore, you will be allowed to enroll in suitable alternative Services. For the sake of clarity, Sitecore will not refund any pre-paid amounts for Services not used as of the date of termination. Except as set forth above in this paragraph, no amendment or modification of these Terms of Use will be valid or binding upon the parties unless made in writing and signed by the duly authorized representatives of both parties.

USE OF THE SERVICES

(a) Defined

The Website allows you to access materials provided by Sitecore Corporation A/S (hereinafter “Sitecore”), including e-Learning courses, assessments, training materials, videos, simulations, usage reports, documentation, product information, features and software (collectively, the “Services”).

(b) Usage Rights

Subject to your acceptance and compliance with these Terms of Use, Sitecore grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable right, to access and use the Services, in compliance with all applicable laws (including all export laws and regulations that may apply to the Services), solely for your personal training use. Your access to and use of the Services is for a limited period of time equal to the length of your subscription for the Services, and the Services you can access will vary based upon your subscription.

The Services are provided to you for informational purposes only. Your use of the Services is at your own risk. It is your responsibility to ensure that your contemplated use of the Services is consistent with these Terms of Use and any STA you have entered into.

(c) Ownership

As between you and Sitecore, ownership of the Services and all worldwide rights, title and interest in and to the intellectual property associated therewith shall remain solely and exclusively with Sitecore.

(d) Accessing the Services; Credentials

In order to access the Services, you must be: (a) an individual who has an active, valid subscription for the Services who contracts with Sitecore for the Services (an “Individual Customer”); or (b) an authorized representative of an organization that that has an active, valid subscription for the Services who contracts with Sitecore for the Services (an “Organizational Customer”) for an Organizational Customer’s student, faculty, administrator or employee who is authorized by Organizational Customer to use the Services (an “End User”). Any End User information that Sitecore collects or handles through the Services is processed for the Organizational Customer. If you are an Organizational Customer, you warrant that your End User(s) will comply with these Terms of Use (including complying with all applicable laws).

Notwithstanding any other provision of these Terms of Use, Sitecore reserves the right to change, remove, or disable access to any Services, content, or other materials that are offered on the Website, provided that Sitecore will use commercially reasonable efforts to provide you with a minimum of 30 days’ notice. In no event will Sitecore be liable for making these changes. In case of removal of any Services and upon Organizational Customer’s request, Organizational Customer will be allowed to enroll in a suitable alternative Services. For the sake of clarity, Sitecore will not refund any pre-paid amounts which have not been possible to use before the date of removal of the specific Service.

The code that Sitecore provides to you upon enrollment, or to your End User(s) on your behalf, is the subscription credentials needed to access or use the Services (the “Subscription Credentials”). These Subscription Credentials are confidential. A Subscription Credential and an email address must be provided for each individual to access the Services for the first time. Organizational Customer may authorize its End Users to use the Services to the extent Organizational Customer has an active, valid subscription for the Services for each End User. In order for an End User to access the Services for the first time, Organizational Customer must provide its End User with the Subscription Credentials for the Services, and Organizational Customer will instruct its End Users as to the confidentiality of such Subscription Credentials.

You are solely responsible for: (a) keeping your Subscription Credentials confidential, and (b) any and all activities that occur under your subscription. You will notify Sitecore immediately if you believe the security of your Subscription Credentials have been compromised. Sitecore will not be liable for any loss that you incur if someone else uses your Subscription Credentials or your account to access the Services, either with or without your knowledge. However, you may be held liable for losses incurred by Sitecore or another party if someone else uses your Subscription Credentials or account.

An Organizational Customer is solely responsible for: (a) ensuring its End User(s) keep confidential their Subscription Credentials; and (b) any and all activities that occur under its End Users’ account. Organizational Customer will promptly notify Sitecore of any unauthorized use of any of its End User(s)’ Subscription Credentials, accounts or any other breach of security. Sitecore will not be liable for any loss that Organizational Customer incurs for any unauthorized use of its End User(s)’ accounts, either with or without Organizational Customer’s knowledge. However, Organizational Customer could be held liable for losses incurred by Sitecore or another party if an unauthorized person uses one of your End User’s accounts or Subscription Credentials.

If you have provided credentials to access or authenticate your account via Facebook.com, Linked-in.com, or other third party services, you acknowledge that (a) you will abide by any terms and conditions required by such services, (b) Sitecore is not responsible for the security of your password, credentials, or other personal information stored or provided by such services, and (c) you authorize Sitecore to use any information supplied by such services in order to provide the Website to you.

(e) Restrictions On Use

You (and in the case of an Organizational Customer its End User(s)) may access and use the Services solely for your personal training use and internal evaluation and not for the benefit of any third party.

You (and your End User(s)) may not:

  1. transfer to a third party (but excluding End Users in the case of an Organization Customer), either temporarily or permanently, any rights to access or use the Services
  2. sell, resell or redistribute subscriptions or access to the Services or otherwise offer access to the Services to third parties;
  3. use the Services outside the country associated with your account;
  4. share access to, download, modify, distribute, transmit, display, perform, reproduce, publish, sublicense, create derivative works from or sell any component of the Services;
  5. use the Services to harm, threaten, or harass another person, organization or Sitecore;
  6. use any other party’s account or Subscription Credentials to access the Services or interfere with any other party's use and enjoyment of the Services;
  7. damage, disable, overburden, or impair the Services (or any network connected to the Services);
  8. use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;
  9. remove, modify, or tamper with any notice, protective message or link that is incorporated into the Services;
  10. obtain (or try to obtain) any data from the Services or related hardware, except the data that Sitecore intends to make available to you; or
  11. use the Services or related hardware to design, develop, or update unauthorized software.

If Sitecore believes that you (or your End User(s)) are making unauthorized or improper use of the Services, Sitecore may take such action as it deems appropriate without notice to you. Sitecore may at all times: (a) disclose information required to satisfy any applicable law, regulation, legal process, or governmental request; or (b) edit, refuse to post or to remove any information or materials, in whole or in part.

In addition, in the event any derivative works are created in contravention of paragraph iv. above, Sitecore shall own all right, title, and interest in and to such derivative works. If, under the operation of local law or otherwise, you come to have any rights associated with such derivative works, you shall hereby automatically assign such rights to Sitecore for no additional consideration.

(f) Suspension and Termination; Deletion of Data

Sitecore may suspend or terminate your (or your End Users’) access to the Website or the Services at any time, without notice and without liability, if Sitecore suspects: (a) fraudulent, abusive or unlawful activity that occurs under your (or your End Users’) user name, account, or Subscription Credentials; or (b) your non-compliance with these Terms of Use. Upon suspension or termination, your (and your End Users’) right to use the Website and the Services ceases immediately and you may not be able to retrieve any data you have stored on the Website and/or Services.

Sitecore may permanently delete your data and usage reports from its servers at the end of your subscription term, if your account is closed, or if the Services are terminated. Sitecore does not have any duty to provide you with your data or usage reports and Sitecore will not be liable for any loss or damage you may incur from the deletion of any data or usage reports regardless of whether or not you renew or purchase an additional subscription term for the Services.

(g) Customer Content

You acknowledge that Sitecore and its third party vendors do not exercise control over any data, information, or content that you or your End Users upload to their systems or networks or otherwise transmit to them (“Customer Content”), and you (and your End User(s)) are solely responsible for the Customer Content. You grant Sitecore and its third party vendors a limited, nonexclusive license to use the Customer Content in connection with providing the Services, and agrees that Sitecore and its third party vendors shall have no liability for any Customer Content.

(h) Other

If any element of the Website or Services has additional terms, conditions, your use of that element of the Website or Services is conditional based upon your agreement to comply with such additional terms and conditions. If you do not agree to such additional terms and conditions, you may not use that element of the Website/Services.

CONFIDENTIAL INFORMATION

Your use of the Website and the Services may involve the disclosure of Confidential Information between you and Sitecore. The term “Confidential Information” includes any non-public information, whether tangible or intangible, provided by or on behalf of one party (“Disclosing Party”) to the other party (“Recipient”), but excludes any information the Recipient can demonstrate: (a) is or becomes generally available to the public without breach of any legal obligation; (b) was in its possession or known by the Recipient prior to receipt from the Disclosing Party; (c) was disclosed to it by a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed without use of any of the Disclosing Party’s Confidential Information.

You will take all commercially reasonable measures to prevent unauthorized access to, and use of, Sitecore’s Confidential Information. Except as expressly approved in writing by Sitecore, you shall not: (a) make use of Sitecore’s Confidential Information, except to the extent necessary for your performance under this Terms of Use; (b) disclose Sitecore’s Confidential Information to any third party; or (c) disclose Sitecore’s Confidential Information to your employees unless such employee needs to know such information to facilitate your performance under this Terms of Use and, in such case, who has previously agreed in writing to be bound by terms and conditions at least as protective of Sitecore’s Confidential Information as are the terms and conditions of these Terms of Use.

With respect to any of your Confidential Information disclosed by you to Sitecore in your use of the Website or the Services, Sitecore shall: (i) take reasonable precautions to protect your Confidential Information; (ii) not use your Confidential Information outside the scope of these Terms of Use; and (iii) limit access to your Confidential Information to its agents, employees and contractors (including third party vendors) who require such access in connection with the provision of the Services. Each party’s confidentiality obligations under these Terms of Use shall survive the termination or expiration of these Terms of Use.

Notwithstanding this provision, the Recipient may disclose Confidential Information to the extent required by applicable law or court order, provided the Recipient will give the Disclosing Party prompt notice of any such requirement (to the extent legally permitted) and reasonably cooperate, at the Disclosing Party’s cost, if the Disclosing Party attempts to obtain a protective order or otherwise to prevent or limit disclosure.

THIRD PARTY MATERIALS ON WEBSITE

Where materials are copied from third party websites and made available on this Website, such materials will be subject to the license or usage terms, if any, of the relevant third party provider. The Website may provide certain hyperlinks (or otherwise provide access) to third party websites. Such links are provided as a courtesy only, and Sitecore is not responsible for any materials on those websites.

TRADEMARKS

The trademarks, service marks, and logos used and displayed on the Website and the Services are either the trademarks or the registered trademarks of Sitecore. Other product and company names mentioned on this Website may be the trademarks or registered trademarks of their respective owners. The Terms of Use do not grant or imply any rights to any Sitecore or third party trademarks, service marks or logos.

DISCLAIMER OF WARRANTIES

TO THE EXTENT PERMITTED BY APPLICABLE LAW, SITECORE (DEFINED TO INCLUDE ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS) MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR (OR YOUR END USERS’) USE OF THE WEBSITE OR THE SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SITECORE DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, AVAILABILITY OR TIMELINESS OF THE SERVICES, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR FREE OR THAT DATA LOSS WILL NOT OCCUR. INFORMATION ON THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH SITECORE TAKES NO RESPONSIBILITY.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, SITECORE (DEFINED TO INCLUDE ANY OF ITS DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES, LICENSORS OR SUPPLIERS) SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF ACCESS TO PROGRAMS OR DATA, EVEN IF SITECORE HAS BEEN EXPRESSLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT AND TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS DEEMED UNENFORCEABLE, THEN NOTWITHSTANDING THE FOREGOING, THE OF LIABILITY OF SITECORE WILL BE LIMITED TO USD $500. THE LIMITATIONS SET FORTH IN THIS PARAGRAH APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE.

DATA PRIVACY

You acknowledge that you have had the opportunity to access the Sitecore Privacy Policy at http://www.sitecore.net/Company/Contact/Privacy-Policy.aspx. You agree to the Sitecore Privacy Policy, and any foregoing changes thereto published by Sitecore. These Terms of Use supplement Sitecore’s Privacy Policy because the Website and the Services are unique and different. Below is a summary of these differences:

  1. When making purchases via the Website, there is information that we collect in order to fulfill and process orders, such as: the shipping name, address and email of the recipient receiving the Services, contents of the order and any additional notes as entered by you (Order Data). You can elect to save shipping information for future use or can opt to out of saving the information.
  2. Sitecore does not collect payment and billing information, instead this information is passed via the payment gateway to the merchant processor for verification and approval.
  3. Order Data collected is used to process and fulfill orders. This information is not shared with outside sources for the purposes of marketing products and services to users. We will not sell, distribute or lease your Order Data to third parties unless we have your permission or are required by law to do so.
  4. Each time a purchase is conducted it is logged within the Website and can be reviewed at any time via the My Purchases area. This area contains a complete listing of all purchases as well as details of each individual purchase.
  5. The Services are intended for use by both Individual Customers and Organizational Customers. If you use an email address provided by an organization you are affiliated with (e.g., an employer) to access the Services, the owner of the email address associated with your email address may: (i) control and administer your Services account; and (ii) access and process your data, including the contents of your communications and files. Your use of the Services may be subject to your organizations’ policies (if any). If your organization is administering your use of the Services, please direct your privacy enquiries to your organization. Sitecore is not responsible for the privacy or security practices of our customers, which may differ from those set out in Sitecore’s Privacy Policy.

PRICES

By ordering Services via the Website, you expressly agree to pay Sitecore the fees shown on the Website for those Services. Payment is due in the currency shown on the Website. Organizational Customer expressly acknowledges that fees for the Services may change from time to time, as disclosed on the Website.

NOTICES

You consent to Sitecore providing you (and in the case of an Organization Customer your End Users) notifications about the Services or information the law requires us to provide via email to the address that you (and your End User(s)) specified when you (and your End User(s)) signed up for the Services. Notices emailed to you (and your End User(s)) will be deemed given and received when the email is sent. If you (and your End User(s)) do not consent to receive notices electronically, you (and your End User(s)) must stop using the Services. In addition, you agree that Sitecore may send direct mail to you (and your End User(s)) containing new and promotional material.

GOVERNING LAW

If you acquired your Services subscription under an existing STA, then the governing law provisions in that STA will apply.

The following will apply in all other cases:

  1. If you acquired your Services subscription in the United States, these Terms of Use will be governed solely by the internal laws of the State of California, without reference to such State’s principles of conflicts of law, and the parties consent to the personal and exclusive jurisdiction of the federal and state courts of Marin County, California, with regard to any dispute arising out of or related to this agreement.
  2. If you acquired your Services subscription in Canada, these Terms of Use will be governed solely by the Laws of the Province of Ontario and the Laws of Canada applicable therein, except as to its principals of conflicts of laws, and each party hereby submits to the exclusive jurisdiction of the courts of the Province of Ontario, in Toronto, Ontario.
  3. If you acquired your Services subscription in Australia or New Zealand, these Terms of Use will be governed solely by the laws of New South Wales, Australia without regard or reference to its principles of conflicts of laws, and each party hereby consents to the exclusive jurisdiction of the courts of New South Wales.
  4. If you acquired your Services subscription in United Kingdom or Republic of Ireland, these Terms of Use will be governed solely by English law without regard or reference to its principles of conflicts of laws, and each party hereby consents to the exclusive jurisdiction of the English courts.
  5. If you acquired your Services subscription in any other country not covered above, these Terms of Use will be governed by Danish law without regard or reference to its principles of conflicts of laws, and each party hereby submits to the exclusive jurisdiction of the City Court of Copenhagen, Denmark.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between the parties on the subject matter hereof. In the event that any provision of these Terms of Use is held to be unenforceable, these Terms of Use will continue in full force and effect without said provision and will be interpreted to reflect the original intent of the parties.  Waiver by either party of a breach of any provision of these Terms of Use or the failure by either party to exercise any right hereunder will not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.  You may not assign these Terms of Use, by operation of law or otherwise and any attempted assignment or transfer shall be void and of no force or effect. You will comply with all applicable export control and economic sanctions laws and regulations in the performance of this Terms of Use, and in connection with the export, re-export, shipment, transfer or use of the Website, the Services, and any related technical data.

If you have any questions about these Terms of Use, please contact info@sitecore.net.