Terms of Use

1. BINDING EFFECT. This is a contract with Defencify,® LLC. whose office is located in Salt Lake City, Utah henceforth referred to as “Company”. Please carefully read the following terms before accessing this site or using a course. By accessing the internet site located at http://defencifytraining.us (which includes, visiting, registering, purchasing or accessing a course) you accept and agree to all of the terms and conditions imposed in this agreement. If you do not agree to these terms, you may not access the site. By using this service, you agree that you have read, understand and agree to these Terms of Use, as they may be amended by Defencify, LLC (“Company”) from time to time as detailed in the modification provision of these Terms.

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking the privacy link at the bottom of any site page. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

3. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Utah, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Salt Lake City, Utah in all disputes arising out of or related to the use of the Site or Service.

4. USE OF TRAINING CONTENT. The training content is the property of Defencify,® LLC. It has been prepared, maintained, updated and distributed by Defencify,® LLC. The use of the training content on our courses is restricted to the Registered User who has been supplied with the log in details by Defencify,® LLC or its Partners as part of an authorized course. The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by Defencify,® LLC other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted. The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.

5. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high-quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

6. NO WARRANTIES. Company hereby disclaims all warranties. Company is making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non infringement. Company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

7. AFFILIATED SITES. Company has no control over, and no liability for any third-party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.

8. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

9. INDEMNITY. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

11. FAILURE TO COMPLETE. Defencify,® LLC. offers course material for training and certification purposes. It is up to the student to complete the training within the mandatory timeframe as required by the state licensing agency or its employer, for which student is regulated by. Defencify,® LLC. and its partners accept no responsibility for loss of licensure, registration, employment or fines resulting from failure of the student to complete the training within the timeframes specified by the state licensing agency or the User’s Employer. Defencify,® LLC. will not notify or remind students of training deadlines. It is up to the individual to maintain personal professional training records, credentials and schedule of courses.

12. LIMITED USE LICENSE. Course fees include the licensing of training materials to a limited period of time to and appropriately qualified course content. Each license is valid to one person only and cannot be exchanged or shared.

13. ACCESS TO CONTENT. Students have access to the purchased course content for a period of one year after the course was purchased or until the course is completed by the student, whichever occurs first. The start date of course access is the date that the student first has access to the course content. Defencify,® LLC. Is not responsible for warning the student when this access period has ended and does not guarantee access to the course or that certification will be possible.

14. CANCELLATIONS & REFUNDS. Once you have initiated the course selected and paid for, no refunds may apply. If a student cannot access the course online via http://defencifytraining.us because they fail to meet the required system requirements given on the website, then Defencify,® LLC. will not take responsibility or give a refund to the purchaser.

15. CERTIFICATION TERMS & CONDITIONS. Defencify,® LLC will only issue certification request on behalf of a trainee who has satisfactorily completed a certification training course if the trainee has provided the required personal information and paid the certification fee in advance.

16. ACCESS TO THE COURSES. Defencify,® LLC strives to provide the course content to its Users on a continuous basis. To that end, Defencify,® LLC will take all commercially reasonable efforts to provide uninterrupted Access of the courses to its Users. However, from time to time, students may be unable to Access the courses due to conditions beyond Defencify,® LLC’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its Users, Defencify,® LLC will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

17. RIGHT TO CHANGE, MODIFY, OR DISCONTINUE. Defencify,® LLC endeavours to provide the highest quality content to its Users. To that end, Defencify,® LLC reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.

18. THIRD-PARTY CONTENT; HYPERLINKS. Defencify,® LLC makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, Defencify,® LLC does not warrant the existence or functionality of any website which can be accessed through a link located on this site.

19. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS. Defencify,® LLC or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Defencify,® LLC. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Defencify,® LLC, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of Defencify,® LLC intellectual property.