nopCommerce Course Terms of Use

The following Terms of Use are entered into between You and nopCommerce team (herein referred to as “Company”, “we”, or “us”). The following terms and conditions, together with any documents they expressly mention or incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our training website, including any content, programs, functionality or services offered through the site or related sites (the “COURSE”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Course. By using the Course or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not agree to these Terms of Use including the agreements incorporated documents, you cannot access or use the Course.

By using this Course, you represent and warrant that you are of legal age to form a binding contract with the Company and comply with the terms of this Agreement.

1. COURSE/SERVICE

The Company agrees to provide the nopCommerce online course for developers (herein referred to as “Course”) as identified on the Course. As a condition of purchasing and participating in the Course, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.

As part of the Course, the Company shall provide you:

A Password Protected Course Area (a web portal): The Company shall maintain a Course Area that may include various types of content, including video, audio, written lessons, templates, worksheets, checklists, slide decks and other training and support materials. You will have access to this Course Area for two months after the first visit of the course area (a web portal).

2. PRICES

The prices, rates and training types in force from time to time can be found on nopCommerce website at the Course page.

3. REFUND POLICY

The Company shall not issue refunds after the Course is purchased. Please make sure, before buying the Course from this web site, that you have read carefully the description, specifications and all other information published on the course page, which you intend to buy.

4. NO TRANSFER OF INTELLECTUAL PROPERTY

All content included as part of the Course, such as text, graphics, logos, slides, images, audio, video, as well as the compilation thereof, and any software used in the Course, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You cannot use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Course are the trademarks of their respective owners.

Your participation in the Course does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Course, you agree to observe and abide by all copyright and other intellectual property protection.

You are granted a limited, personal, non-exclusive, non-transferable, license to access and use the Course content and resources for your own personal or internal business use. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Course. By ordering or participating in Course/Courses, you further agree that you shall not create any derivative work based upon the Course and you shall not offer any competing products or services based upon any information contained in the Course.

The Company content is not for resale. Your participation in the Course does not entitle you to make any unauthorized use of any protected content, and in particular you will not remove or alter any proprietary rights, metadata, footnotes, watermarks or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

You hereby agree that any infringement of the Company's intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company's intellectual property rights, your access to the Course will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. You may also be subject to further penalties or damages as permitted by the fullest extent of the law. You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate on the date of this agreement and would be difficult for Company to prove. The parties intend that your payment of the Liquidated Damages Amount would serve to compensate Company for any breach by you of its obligations under this Section, and they do not intend for it to serve as punishment for any such breach by You. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects You to a payment obligation in the amount of $150000 USD per infringement, as liquidated damages and not as a penalty.

5. INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide you with access to the Course, for information and educational purposes. The information contained in the Course, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.

6. FORCE MAJEURE

The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performing any term of this Agreement if caused by acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), server failures, data breaches, data loss or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

7. SEVERABILITY/WAIVER

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate such term in any other jurisdiction.

8. MISCELLANEOUS

You agree to hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Course and/or any information and resources contained in the Course. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Course.

The information, software, products, and service included or available through the Course may include inaccuracies or typographical errors. Changes are periodically added to the information in the Course. The Company and/or its suppliers may make improvements and/or changes in the Course at any time.

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Course for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Course, with the delay or inability to use the Course or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Course, or otherwise arising out of the use of the Course, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with the Course or any portion of it, your sole and exclusive remedy is to discontinue using the Course.

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Course, the Company, any and all contracts you enter into with the Company, and any and all of the Company's products and services.

9. TERMINATION

The Company reserves the right, in its sole discretion, to terminate your access to the Course and the related services or any portion thereof at any time, if you become disruptive to the Company or other Course participants, if you fail to follow the Course guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

10. DUTY OF CONFIDENTIALITY AND DATA SECURITY

The Company will keep confidential all of the Customer's confidential information that the Customer provides to the Company save to where such information has come into the public domain other than by breach of this clause, or where the Company has obtained the information from a third party without a duty of confidence or where it is required to be disclosed by a regulatory or government body or court of competent jurisdiction.

The Company shall take all necessary technical and organizational security measures to ensure the safe and secure processing of any Customer data.

11. OPERATIONAL STABILITY ON ONLINE TRAINING

The Company strives towards the highest possible operational stability on this service, but shall not be responsible or liable for any breakdowns or service interruptions, including interruptions caused by factors beyond The Company's control, such as power failures, defective equipment, Internet connections, telecoms connections or the like.

The Application and the service is provided “as is” and the Company expressly disclaims any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.

In the event of an interruption of service the Company will use reasonable commercial endeavours to restore normal operations as soon as possible.

12. ASSIGNMENT

You may not assign this Agreement without the express written consent of Company.