Terms of Use

Cyber 5W LLC Services Agreement, Terms of Use, and Release and Limitation of Liability Agreement, (the “Agreement”).

By accessing and/or using the Cyber 5W LLC course materials, products, software, website, and services (hereinafter referred collectively as: the “Services” or “Course Materials”), you agree to be bound by the following terms and conditions of this Agreement. By accessing or using the Services you expressly agree to these terms of use. If you are accessing or using the Services or Course Materials on behalf of a legal entity, you represent and warrant that you are a duly authorized agent with the authority to bind that entity to this Agreement and “you” and “your” shall in that event refer to you and to that legal entity.

You agree that Cyber 5W LLC (hereinafter “Cyber 5W”) and its Services and Course Materials are exclusively owned by Cyber 5W. The Services, including course materials provided and downloadable from Cyber 5W’s website and all of the content contained on the Cyber 5W website and/or that of any of its affiliates are proprietary content, information and material that is subject to copyright protection, and other intellectual property rights protection exclusively of Cyber 5W. Cyber 5W shall retain exclusive ownership and intellectual property rights of its Services and Course Materials at all times.

The use of the Course Materials is subject to the terms of this Agreement. Any unauthorized copying or disclosures of the Services or Course Materials by you to any third person without the express prior written consent of Cyber 5W, may result in civil or criminal prosecution to the fullest extent possible of the law at the discretion of Cyber 5W.

Course Material(s) accessed and used by you is/are distributed under a limited, non-exclusive license providing you permission to view, access, and use the Course Materials for your personal educational purposes only and no commercial uses. You agree not to use the Course Materials for any illegal or fraudulent purposes or any other purposes prohibited by law or prohibited under this Agreement. You agree that you will not transfer, license or sublicense the Course Materials to any other person, third party, or individual. You agree that you are not permitted to, nor shall you permit or enable others to: sell, offer to sell, contract for, reproduce, distribute, redistribute, modify, or create derivative works from, copy, decompile, reverse engineer, or disassemble the Course Materials in any way. You may not distribute or make the Course Materials available over a network where it could be used by multiple users or by multiple devices at the same time, without the express written consent of Cyber 5W. The license does not grant you any rights to the Cyber 5W proprietary interfaces, and other intellectual property in the design, development, manufacture, licensing, or distribution of Cyber 5W’s Course Materials or its branding.

Termination and survival

Your limited license is effective until terminated. Your rights under this license will terminate automatically or otherwise cease to be effective without notice from Cyber 5W if you fail to comply with any terms or conditions of this Agreement. Upon termination, you shall cease use of all Cyber 5W products, Services and Course Materials. Enforcement by Cyber 5W for your breach of any of the terms of this Agreement shall survive any such termination. Your registration will remain active as long as you purchase at least one course throughout a one-year period.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Cyber 5W website, Services and Course Materials are provided by Cyber 5W on as “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including as to the content of the website, Services, Course Materials or the Course Materials’ library. Content and materials made available on the Cyber 5W website, all of which including all Services and Course Materials, are provided on an “AS IS” and “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVIVES, COURSE MATERIALS AND WEBSITE IS AT YOUR OWN RISK.

CYBER 5W HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

Cyber 5W makes no representations or warranties that the Services including the content of the Course Materials will be uninterrupted or error free, that defects will be corrected, that the Services or Course Materials will be compatible or work with any third party software or hardware or applications, or that its Services are free from viruses, malware, worms or other harmful components, including based upon the way in which you access the Services or the third party service providers you use to access the Services or Course Materials, including your use of any third party internet service providers, browsers, IP addresses, or public Wi-Fi. If your use of the Services or Course Materials results directly or indirectly to failure of your equipment, or deletion of your data, etc., Cyber 5W is in no way responsible for those damages or costs associated thereto. Cyber 5W assumes no responsibility for your negligent or purposeful misuse of the Services or Course Materials, including deletion, failure to download and save, failure to store any of your personalized settings, etc.

Release from and limitation of Liability

To the extent not prohibited by applicable law, you acknowledge and agree in terms of Cyber 5W creating, designing and delivering its Services, Course Materials on its website to you, that Cyber 5W will not be liable for any personal injury, or any incidental, special, indirect, exemplary or consequential damages, whatsoever, including without limitation, any damages for lost profits, lost revenues, loss of data or corruption of data, service interruption, failure to transmit or receive data (including without limitation course materials, instructions, assignments, etc.), business interruption, computer equipment damage or system failure, or any other damages or losses arising out of or in connection with your use of the Services or Course Materials, or your inability to use the Services or Course Materials, however caused and regardless of the theory of liability (i.e. contract, tort, etc.).

to the extent not prohibited by applicable law, Cyber 5W’s maximum liability to you arising out of or in connection with this Agreement or your use of the Services or Course Materials, or your inability to use the Services, or any damages you claim resulting thereof SHALL BE LIMITED TO, ONE-HUNDRED u.s. DOLLARS AND ZERO CENTS ($100.00 USD) MAXIMUM.

Indemnification

You agree to defend, indemnify and hold harmless Cyber 5W and its members, employees, agents and representatives, from and against any third party claims or actions resulting from or in connection with your use or access of the Services and / or Course Materials, including without limitation, costs, damages, and attorneys’ fees.

Cyber 5W Refund Policy

You may purchase course(s) from Cyber 5W in advance of the course start date, (the “Course Start Date”). At the sole discretion of Cyber 5W, you may be eligible for a full or partial refund if you cancel your purchase of the course prior to the Course Start Date. After the Course Start Date, in order to qualify for a full or partial refund, which is provided at the sole discretion of Cyber 5W, you must request your refund in writing to Cyber 5W by inquiring at the following email address: [email protected]. You will NOT receive a refund if your request is submitted more than 48 hours after the Course Start Date. You will NOT receive a refund if you have completed 50% or more of the applicable course material at the time of the refund request.

There are NO REFUNDS if you have registered for multiple courses in a package format or if you have purchased a subscription for Services, instead, you may cancel your access to the Services, but you will not receive or be entitled to any refund. If you make a subscription purchase that requires monthly or yearly recurring payments, you authorize Cyber 5W to initiate recurring non-refundable payments monthly, or yearly as applicable, and you accept responsibility for all recurring payment obligations until you cancel your subscription with Cyber 5W. Your subscription continues until cancelled by you or Cyber 5W terminates your access to the Services or subscription pursuant to this Agreement.

Agreement to Arbitration; severability, Governing Law; entire agreement

This Agreement shall be governed and construed in accordance with the laws of the State of Vermont, excluding conflict of laws principles. This Agreement constitutes the entire agreement between you and Cyber 5W and supersedes all prior or contemporaneous understandings regarding this subject matter of Cyber 5W Services and Course Materials. If for any reason a court of competent jurisdiction or binding arbitration panel finds any provision or portion thereof of this Agreement to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

you acknowledge and agree that if you have any disputes against Cyber 5W arising out of the terms and conditions of this Agreement, you are required to submit your disputes through binding commercial arbitration under the rules of commercial arbitration of the American Arbitration Association. Each party shall pay their own costs and fees associated with disputes resolved in arbitration.

The Arbitration shall be conducted by the American Arbitration Association (“AAA”). If You wish to initiate arbitration you must submit a written demand to the AAA and provide notice to the other party as instructed in the AAA rules. The rules and demand procedures are found at: www.adr.org . The arbitrator shall have exclusive authority to resolve the issues in your dispute.

You agree that the exclusive jurisdiction for all disputes that you and Cyber 5W are not required to arbitrate will be the state and federal courts located in the county of Chittenden, state of Vermont, and you and Cyber 5W each waive any objection to jurisdiction and venue in these courts. The substantially prevailing party has the right to collect from the other party its reasonable costs and attorneys’ fees related to any action brought in Vermont courts including for any appeals.

Notices and Amendments to this Agreement

Cyber 5W reserves the right to update or amend this Agreement at any time in its sole discretion. If Cyber 5W needs to contact you about your account or Services, or to provide notices about any changes or updates made by Cyber 5W to this Agreement, you consent to received notices by the email you provided to Cyber 5W for your account or purchase. If you continue to use the Services and / or Course Materials after Cyber 5W provides you notice of amendments or updates to this Agreement, this serves as your consent that you accept and agree to the changes. You agree any such notices sent electronically will comply with any legal communications notice requirements.