IT CBT Nuggets Online License Agreement
Unless otherwise stated, all references in this License Agreement to “IT CBT Nuggets Online Content” or “Content” includes the IT CBT Nuggets Online Learner-facing applications and course delivery platforms, individual videos within a series, entire series, series packages, supplemental materials, Learner resources, quiz questions, proprietary instances of the virtual lab and/or streaming subscription access to any portions thereof. All references to “CBT” or “IT CBT Nuggets Online” shall mean IT CBT Nuggets Online, LLC, a Delaware limited liability company, with its principal office located at 1550 Valley River Drive, Eugene, OR 97401.
A IT CBT Nuggets Online Learner (“You” or “Your”) accesses IT CBT Nuggets Online Content, during a valid subscription or access period, through a single user license that is connected to You, a named individual with a unique email address, and only You, for the term of Your subscription governed by this License Agreement. Accounts may purchase multiple licenses, and each single user license therein shall be assigned to a single specific individual for the term of the subscription governed by this License Agreement. Each and every IT CBT Nuggets Online Learner (single user license), and administrators of accounts, are expressly governed by the terms of this License Agreement.
1. SCOPE OF AGREEMENTS
1. This License Agreement outlines the obligations of the IT CBT Nuggets Online Learner while accessing IT CBT Nuggets Online Content. The provisions of this License Agreement shall prevail over any conflicting provisions in any Learner or administrator issued purchase order and/or terms and conditions.
2. GRANT OF YOUR LICENSE
1. IT CBT Nuggets Online hereby grants You a revocable, non-transferable, non-assignable, non-exclusive, non-royalty bearing, non-sublicensable license to access and use IT CBT Nuggets Online Content within reasonable usage limits. Any purported assignment or transfer of this license is a violation of this License Agreement and shall be null and void and of no force and effect.
2. You MAY NOT capture, copy, reproduce, disclose, publish, reverse engineer, translate, port, modify, or make derivative works of the Content in any form, in whole or in part, without the express prior written authorization of IT CBT Nuggets Online.
3. You MUST strictly adhere to this License Agreement and promptly remedy any violation.
3. INTELLECTUAL PROPERTY RIGHTS
1. All right, title, and interest in and to the IT CBT Nuggets Online Content, and any derivative works thereof is expressly reserved by IT CBT Nuggets Online. IT CBT Nuggets Online Content is proprietary material which is protected under United States and international law.
2. Any action or attempt to steal, misappropriate, pirate, or otherwise violate Section 2.2, is a violation of this License Agreement and shall be grounds for Termination of this License Agreement and all other agreements between You and IT CBT Nuggets Online.
4. TERMINATION OF YOUR LICENSE
1. Any violation(s) of Sections 2.1, 2.2, 2.3, 3.2, or 7.3 shall be grounds for Termination.
2. IT CBT Nuggets Online reserves the right to determine whether a violation of this License Agreement has occurred. Failure to cooperate with any investigation of a suspected violation shall be considered a violation and shall be grounds for Termination.
3. Upon Termination, IT CBT Nuggets Online shall not refund any amounts You previously paid to IT CBT Nuggets Online.
5. DISCLAIMER OF WARRANTY
1. IT CBT Nuggets Online Content is provided to You on an “AS IS” and “WITH ALL FAULTS” basis.
2. IT CBT Nuggets Online makes, and user receives, NO WARRANTY, whether express or implied.
3. ALL WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY ANALOGUE THEREOF, ARE HEREBY EXPRESSLY DISCLAIMED.
6. LIMITATIONS OF LIABILITY
1. IN NO EVENT SHALL IT CBT NUGGETS ONLINE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY AND ALL DAMAGES, CLAIMS, LOSSES, EXPENSES, LIABILITIES OR COSTS ARISING OUT OF, INCURRED BECAUSE OF, OR RELATED TO THE CONTENT AND/OR THIS LICENSE AGREEMENT, INCLUDING ATTORNEY FEES, IRRESPECTIVE OF WHETHER IT CBT NUGGETS ONLINE HAS BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ALL OTHER TORTS.
2. In no event shall IT CBT Nuggets Online’ liability to You or any third party exceed the amount You have actually paid for access to IT CBT Nuggets Online Content in the preceding twelve months.
7. LEARNING RESOURCES
1. As a IT CBT Nuggets Online Learner, You have access to a robust collection of learning resources.
2. IT CBT Nuggets Online’ Accountability Coaching can assist You or Your team in maximizing the benefits of the IT CBT Nuggets Online training through personally connecting with You or Your team on a regular basis providing motivation, driving accountability for development and progression, helping You or Your team to feel empowered, encouraged, and eager to learn. Accountability Coaching is a highly interactive service offering which can assist You or Your team achieve Your training goals. More information can be found at https://www.ITNuggetsOnline.com/accountability-coaching.
3. Use of Accountability Coaching is subject to a Learner’s professionalism and decorum. The harassment, intimidation, or use of vulgarity or obscenity towards any IT CBT Nuggets Online employee will not be tolerated and shall be grounds for Termination.
8. MISCELLANEOUS PROVISIONS
2. If any provision of this License Agreement is declared invalid or unenforceable, the parties intend for the remaining provisions of this License Agreement to remain in effect.
3. This License Agreement shall be governed by the laws of the State of Oregon and venue of any legal proceeding shall be in Lane County, Oregon, USA.
4. For security purposes, IT CBT Nuggets Online reserves the right to reset passwords for inactive accounts.
5. IT CBT Nuggets Online allows for each IT CBT Nuggets Online Learner to utilize a one-time, seven day free week of training. Creation of multiple free trial accounts by a single Learner is prohibited and considered to be a direct violation of this License Agreement. Individuals seeking to continue service after a free week period must enroll in a paid plan.
IT CBT Nuggets Online reserves the right, in its sole discretion, to change, modify, add, or remove all or part of this License Agreement at any time, with or without notice.
Questions regarding this License Agreement should be directed to: legalteam@ITNuggetsOnline.com.
To request a custom agreement for licensing and billing, please contact our Sales team.
IT CBT Nuggets Online Billing Agreement
Unless otherwise stated, all references in this Billing Agreement to “IT CBT Nuggets Online Content” or “Content” includes the IT CBT Nuggets Online Learner-facing applications and course delivery platforms, individual videos within a series, entire series, series packages, supplemental materials, Learner resources, quiz questions, proprietary instances of the virtual lab and/or streaming subscription access to any portions thereof. All references to “CBT” or “IT CBT Nuggets Online” shall mean IT CBT Nuggets Online, LLC, a Delaware limited liability company, with its principal office located at 1550 Valley River Drive, Eugene, OR 97401.
1. SCOPE OF AGREEMENTS
1. This Billing Agreement outlines Your agreement with IT CBT Nuggets Online, limited liability company, regarding authorization for automatic billing to Your credit card.
2. AUTHORIZATION FOR AUTOMATIC BILLING
1. You guarantee and warrant that You are the legal cardholder, or Your use of the card is authorized by the legal cardholder, for the credit card associated with the account You provided. You are legally authorized to enter into this recurring automatic Billing Agreement.
2. YOU AUTHORIZE IT CBT NUGGETS ONLINE TO USE AUTOMATIC BILLING AND CHARGE YOUR CREDIT CARD FOR AN AGREED UPON AMOUNT ON A RECURRING BASIS, PER YOUR SUBSCRIPTION AGREEMENT (MONTHLY, SEMIANNUALLY, OR ANNUALLY).
3. TERMS AND CONDITIONS OF AUTOMATIC BILLING
1. All payments are non-refundable and charges made to the credit card or payment method under this Billing Agreement will constitute in effect a “sales receipt” and confirmation that You still have access to the applicable IT CBT Nuggets Online Content.
2. All payments and credit card charges shall be made in United States Dollars (“USD”).
3. If Your payment requires a currency conversion, IT CBT Nuggets Online shall determine the currency conversion fee amount at the time of Your payment. You acknowledge that the applicable exchange rate for each payment transaction will differ and You agree to remit each payment in full including any fluctuating conversion fees.
4. You agree that IT CBT Nuggets Online is not obligated to verify or confirm the amount for processing automatic payments. You acknowledge and agree that automatic payments are scheduled for certain times but may vary for reasons beyond IT CBT Nuggets Online’ control.
5. You agree to indemnify, defend, and hold IT CBT Nuggets Online harmless, against any liability pursuant to this Billing Agreement and Your authorization for automatic billing.
4. TERMINATION OF AUTOMATIC BILLING
1. To terminate automatic billing and/or arrange for an alternative method of payment, You must notify the IT CBT Nuggets Online Support team at least three business days prior to the end of the billing cycle.
2. Your termination notice is only effective upon IT CBT Nuggets Online’ receipt and acknowledgment. IT CBT Nuggets Online will make all reasonable efforts to accommodate termination notices in a timely fashion, and You are encouraged to contact us early in Your billing cycle to make alternate arrangements.
1. To the extent permitted under law, You agree to pay the reasonable fees of any collection agency, and all costs and expenses, including reasonable attorney’s fees, which may be incurred in a collection effort to recover past due amounts under this Billing Agreement.
3. If any provision of this Billing Agreement is declared invalid or unenforceable, the parties intend for the remaining provisions of this Billing Agreement to remain in effect.
4. This Billing Agreement shall be governed by the laws of the State of Oregon and venue of any legal proceeding shall be in Lane County, Oregon, USA.
6. APPLICABLE TAXES
1. Except where expressly stated otherwise, all amounts referred to in this Billing Agreement are exclusive of any applicable Sales/Use Tax, any applicable Goods and Services Tax, or any applicable Value Added Tax (collectively, “Tax(es)”).
2. If Tax is or will be imposed on a supply made under or in connection with your procurement of IT CBT Nuggets Online services and this Billing Agreement, IT CBT Nuggets Online may, to the extent that the consideration (monetary or non-monetary) otherwise provided for that supply under the applicable invoice, order and/or this Billing Agreement is not stated to include an amount in respect of Tax on the supply, increase the consideration (monetary or non-monetary) otherwise provided for that supply under the invoice, order and/or this Billing Agreement by the amount of that Tax or otherwise recover from the recipient the amount of that Tax.
3. If there is an adjustment event in relation to a supply which results in the amount of Tax on a supply being different from the amount in respect of Tax already recovered by the supplier, as appropriate, IT CBT Nuggets Online: (i) may recover from the recipient the amount by which the amount of Tax on the supply exceeds the amount already recovered; or (ii) must refund to the recipient the amount by which the amount already recovered exceeds the amount of Tax on the supply.
4. Where IT CBT Nuggets Online makes an inbound intangible consumer supply and is a limited registration entity for Tax purposes, there is no requirement for IT CBT Nuggets Online to issue a tax invoice or adjustment note to the recipient in order to recover any amount in respect of Tax under the applicable invoice, order and/or this Agreement.
5. Costs incurred by IT CBT Nuggets Online that are required to be reimbursed or indemnified by a recipient, or used as the basis for calculation of consideration for a supply, under the applicable invoice, order and/or this Agreement must exclude any amount in respect of Tax included in the costs for which an entitlement arises to claim an input tax credit.
IT CBT Nuggets Online reserves the right, in its sole discretion, to change, modify, add, or remove all or part of this Billing Agreement at any time, with or without notice.
Questions regarding this Billing Agreement should be directed to: legalteam@ITNuggetsOnline.com.
To request a custom agreement for licensing and billing, please contact our Sales team.
IT CBT Nuggets Online Code of Conduct
IT CBT Nuggets Online is a leading provider of IT training solutions for all levels of Learners. This Code of Conduct reflects our values as a business and a member of the community. IT CBT Nuggets Online expects all of our employees, vendors, and business partners to abide by this Code of Conduct.
Do it with passion or don’t do it at all: We understand that our customer’s time is valuable. We strive to make each customer touchpoint or interaction have a primary goal. Every web page, email, direct mail, and phone call has a clearly defined purpose.
Every customer touchpoint has a primary goal: We understand that our customer’s time is valuable. We strive to make each customer touchpoint or interaction have a primary goal. Every web page, email, direct mail, and phone call has a clearly defined purpose.
Be honest, direct, and real: We have real conversations and make real connections. We express an honest belief in our product.
Make the complicated simple: We do all the heavy lifting so the customer doesn’t have to. We debate the small stuff, knowing that even the smallest detail matters to the customer, their clarity, and their trust in our product. We make sure that what is actually complex never feels that way to our customers. We edit ruthlessly, default information whenever possible, and eliminate unnecessary steps and boundaries. We anticipate our customers’ needs and are responsive to their actions.
Be approachable, fun, and consistent: We understand learning something new can be overwhelming. We do everything in our power to mitigate fear and make our customers feel accepted and empowered. We sell them the confidence needed to succeed and conquer.
Design with a light tough and a purpose: We start with the minimum necessary and build upward purposefully. We do not simply stick features on the page, but rather design them into the overall customer experience. Features that do not significantly benefit customers do not belong on the site.
Training can be done anywhere, anytime, on any device: We empower our users to train in their comfort zone and do everything in our power to provide them access anytime, anywhere, and on any device they want, 24 hours a day, 7 days a week.
At all times, IT CBT Nuggets Online will conduct our business operations consistent with this Code of Conduct. At all times, IT CBT Nuggets Online will hold our employees, vendors, and business partners accountable under this Code of Conduct. This Code of Conduct is not meant to cover every possible situation, rather this Code of Conduct serves as a roadmap for our corporate responsibility. The specific areas highlighted in the following sections are demonstrative of our culture, and do not represent a finite enumeration of our values.
At IT CBT Nuggets Online, we take commitments seriously. We commit, and expect our employees, vendors, and business partners to commit, to this Code of Conduct.
Compliance with Laws, Rules, and Regulations
At IT CBT Nuggets Online we respect the rule of law and expect our employees, vendors, and business partners to as well. This means complying with ALL applicable laws, rules, and regulations, including all applicable international agreements, treaties, and international public law.
At IT CBT Nuggets Online our whole business is about giving people the tools they need to achieve their dreams. This mission is impossible if basic human rights are not recognized and fully respected. A commitment to Human Rights is a commitment to combating discrimination, harassment, and violence in all of its forms. Complying with applicable laws is the bare minimum. We expect our employees, vendors, and business partners to be as dedicated as we are to promoting self-improvement and removing obstacles so that every person can enjoy freedom of association to safely express themselves and pursue their dreams.
Equal Employment Opportunity
At IT CBT Nuggets Online we expect that all employees will treat everyone with dignity and respect.
IT CBT Nuggets Online does not discriminate in regards to employment decisions, including, but not limited, candidate screening, and the hiring, promoting and discharging of employees, on the basis of race, color, religion, gender (sex), gender identification or expression, marital status, national origin, age, veteran status, sexual orientation, disability, genetic information, height, weight, compensation, familial status or any other characteristic protected by federal law or state law where IT CBT Nuggets Online has employees. IT CBT Nuggets Online will ensure that all employment decisions are based only on valid job requirements.
IT CBT Nuggets Online maintains an Affirmative Action Program in compliance with United States federal law.
Health & Safety
At IT CBT Nuggets Online we understand that our enterprise’s well-being depends on the aggregate of our individuals’ well-being. We take health and safety seriously and we believe that this commitment is critical to protecting human rights; unsafe or unsanitary conditions are an affront to human rights. IT CBT Nuggets Online encourages anyone with a Health & Safety concern to promptly come forward so injuries can be avoided.
At IT CBT Nuggets Online we do not employ any person under the age of 15 or under the age for completion of compulsory education, whichever is higher. We hold our vendors and business partners to these same standards and take a strong stance against the use of child labor which unnecessarily places lives at risk and deprives those children of their human rights.
At IT CBT Nuggets Online we do not employ, engage, or support in any fashion the use of forced labor. This prohibition extends to bonded or indentured labor as well as prison labor and any other form of compulsory labor. IT CBT Nuggets Online stands firm against human trafficking in all forms.
At IT CBT Nuggets Online we respect and honor the norms of the international community and expect our employees, vendors, and business partners to as well. This means honoring the resolutions of the United Nations and other international organizations and cooperating with others to promote human rights and environmental sustainability as fundamental to our society. IT CBT Nuggets Online is a signatory of the UN Global Compact.
Anti-Corruption & Anti-Bribery
At IT CBT Nuggets Online we stand firmly against all forms of corruption and bribery. We are committed to conducting business in an ethical and transparent manner. We believe that corruption and bribery do nothing but present unnecessary risk and take away from our corporate vision of giving people the tools they need to achieve.
At IT CBT Nuggets Online we are committed to complying with all legislation regarding conflict minerals, and we never source materials from conflict zones or accept materials from unknown origins. We expect this same commitment from our entire supply chain and believe this commitment is integral to our positions on Human Rights and Environmental Sustainability.
At IT CBT Nuggets Online we are dedicated to promoting environmental sustainability. Whether engaged in local riparian recovery efforts, donating to global conservation causes, or just approaching our daily activities, we remain committed to act responsible and think sustainable. IT CBT Nuggets Online is undertaking initiatives to promote greater environmental sustainability, such as encouraging the development and diffusion of environmentally friendly technologies.
All of our employees, vendors, and business partners are required to abide by this Code of Conduct, and we expect this Code of Conduct to be a living document that reflects our positions on those matters of corporate responsibility which often require greater visibility. As previously noted, this Code of Conduct is not an exhaustive list and should serve as a guide for employees, vendors, and business partners.
If you have any questions or concerns regarding this Code of Conduct, or if you believe that an employee, vendor, or business partner of IT CBT Nuggets Online is not abiding by this Code of Conduct, we encourage you to contact us at legalteam@ITNuggetsOnline.com.
UK Modern Slavery Act
The Modern Slavery Act 2015 (“the Act”) came into effect on 29 October 2015 and requires those entities carrying on a business or part of a business in the UK, supplying goods or services, and having annual turnover of £36 million or more to disclose information regarding the steps they have taken to eradicate slavery and human trafficking from their supply chain as well as within their own organization during the previous financial year.
UK Modern Slavery Act Statement
We are committed to responsible corporate citizenship and the highest ethical standards. In order to meet these standards, we establish and maintain systems and controls to ensure that neither slavery nor any other form of forced labor or human trafficking form any part of our supply chain.
IT CBT Nuggets Online is a leading provider of IT training solutions. Headquartered in Eugene, Oregon in the United States, we have offices across the American West and in Mexico. Our products include subscription access to stream content from our digital library as well as a physical server which contains our digital library. We are a government contractor and we work with individuals and institutions across the globe to help them achieve their IT training and certification goals. More information can be found in our Code of Conduct.
We are committed to sourcing only quality products from only those suppliers who share our ethical values. Our Code of Conduct highlights our positions on an array of issues central to responsible corporate citizenship. Our employees, vendors, business partners, and especially our Learners, are encouraged to raise concerns and further the conversation as to how IT CBT Nuggets Online can continue impacting positive change.
Our Due Diligence
The success of IT CBT Nuggets Online is a reflection of the IT CBT Nuggets Online Content, which is produced in-house. Our physical product, a server containing the IT CBT Nuggets Online Content, is configured by installing our content on a pre-finished end item server. To guard against abuses, we require compliance provisions in our supply chain agreements that obligate our business partners to legal compliance as well as adherence to our Code of Conduct. We rely on the statements, representations, and certifications of our business partners.
We only engage with reputable vendors, suppliers, and business partners. Should a critical area of non-compliance be discovered, we require an immediate response from our supplier indicating the plan for remediation of the issue or for termination of the underlying agreement. We continuously evaluate our compliance and monitoring programs to ensure we are operating within legal boundaries and industry norms.
We are proud to be united with our business partners and the international community to proactively prevent the evils of modern slavery and human trafficking from infecting our supply chain.
This Statement is made pursuant to Section 54 of the Modern Slavery Act 2015 and constitutes our statement for the previous financial year (FY2017).